School Law Alerts

U.S. Department of Education extends Title IX protections to prohibit discrimination based on sexual orientation and gender identity

Posted by Karrie M. Kalail | Jun 25, 2021 | 0 Comments

On June 16, 2021, the United States Department of Education issued a Notice of Interpretation (NOI) stating that it will enforce Title IX's prohibitions against discrimination in education on the basis of sex to include protections for sexual orientation and gender identity.

The U.S. Department of Education adopted the interpretation set forth in the recent Bostock v. Clayton County decision, in which the U.S. Supreme Court extended the sex-based discrimination prohibitions of Title VII to include protections on the basis of sexual orientation and gender identity.  While the Bostock ruling dealt with discrimination in the workplace setting, the U.S. Department of Education explains in the NOI that, due to similarities in text and purpose of Titles VII and IX, the Department will apply the Bostock standard to the education setting through Title IX.

This NOI is consistent with President Biden's recent executive orders on Guaranteeing an Educational Environment Free from Discrimination on the Basis of Sex, Including Sexual Orientation or Gender Identity and on Preventing and Combating Discrimination on the Basis of Gender Identity or Sexual Orientation.  With this announcement, the Department's Office for Civil Rights (OCR) will begin enforcing Title IX to include protections prohibiting discrimination on the basis of sexual orientation or gender identity, and individuals may file complaints with OCR if they feel they have been discriminated on either basis.

PKM attorneys continue to monitor these developments and are available to answer any questions on how this news may affect your district.

About the Author

Karrie M. Kalail

Karrie Kalail's practice is dedicated exclusively to the representation of school boards, primarily in labor relations, real property matters, school funding, tax levies, election issues, a variety of school construction issues, and general school law matters. Karrie serves as the coordinating director of the firm's ad valorem taxation section, where she practices before numerous county boards of revision and the Ohio Board of Tax Appeals. She regularly presents on topics related to school finance and ad valorem taxation.


There are no comments for this post. Be the first and Add your Comment below.

Leave a Comment

Contact Us Today

Peters Kalail & Markakis is committed to providing responsive, cost-effective legal services to education entities in Ohio.