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1 1 (August 19, 2019)

handle is hein.crs/govbbwt0001 and id is 1 raw text is: k\ Cec;<; \ e Harris Funeral Homes: Implications for Gender Identity and Athletics under Title IX August 19, 2019 The Office for Civil Rights (OCR) in the Department of Education (ED) has opened an investigation into a complaint recently filed by several female high school athletes, through their parents, challenging a policy that they allege allows track athletes who identify as female, but remain biologically or hormonally male, to compete in female-only track competitions. The policy as-applied, the complainants contend, denies biologically female athletes equal athletic opportunities in violation of Title IX of the Education Amendments of 1972 (Title IX). The investigation and complaint tread into novel legal questions, including-as related matters-whether Title IX bars discrimination based on gender identity, and how such coverage might interact with claims like the recently filed OCR complaint. How federal courts and agencies like ED address such questions may turn in part on how the Supreme Court resolves several upcoming cases concerning sex discrimination prohibited by another statute, Title VII of the Civil Rights Act of 1964 (Title VII). At present, it is unsettled whether Title IX, which prohibits discrimination on the basis of sex in federally funded education programs or activities, reaches claims raised by transgender students. To analyze Title IX coverage, some federal courts have looked to precedent arising under Title VII. Among a trio of Title VII cases before the Supreme Court this upcoming term, one case-EEOC v Harris Funeral Hornes, Inc.-addresses whether Title VII's prohibition of discrimination because of... sex reaches discrimination based on gender identity. This Sidebar provides some legal context for the debate, the two- part question before the Court in Harris Funeral Homes, and possible implications the case may have for claims arising under Title IX, including in the athletics context. Sex Stereotyping and Price Waterhouse v. Hopkins The Supreme Court's 1989 plurality opinion in Price Waterhouse v Rotpkins has figured centrally in the debate over the interpretation and application of Title VII's prohibition against sex discrimination, as well as the scope of Title IX. In Price Waterhouse, the Supreme Court addressed a Title VII claim brought by a female senior manager at an accounting firm. The plaintiff, the only female manager nominated for partnership out of 88 managers that year, alleged that the company denied her promotion to partnership because of her sex. To Congressional Research Service https://crsreports.congress.gov LSB10342 CRS Legal Sidebar Committees of Corgress

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