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1 1 (September 23, 2022)

handle is hein.crs/goveixh0001 and id is 1 raw text is: Congressional ______ R ~esearch Servi e Education Department Proposes New Title IX Regulations: Sexual Orientation and Gender Identity September 23, 2022 Title IX of the Education Amendments of 1972 (Title IX) bars discrimination on the basis of sex in education programs that receive federal financial assistance. As explained in a previous Sidebar, the Department of Education (ED) has issued a Notice of Proposed Rulemaking (NPRM) that would, if adopted, alter a recipient school's responsibilities when responding to allegations of sex discrimination, including sex-based harassment. This Sidebar examines another regulatory change the NPRM would make-defining the scope of Title IX's prohibition against sex discrimination in ED regulations to include, among other things, discrimination based on sexual orientation and gender identity. The proposal follows a Supreme Court case from 2020, Bostock v. Clayton County, that examined a different statutory ban on sex discrimination that applies in the employment context, Title VII of the Civil Rights Act of 1964 (Title VII). The NPRM proposes to apply the reasoning of that case to Title IX. To flesh out the changes proposed, this Sidebar begins with a brief examination of Bostock, as well as subsequent judicial and agency application of that decision to Title IX. This Sidebar then describes the NPRM's proposal to establish in ED's regulations that the scope of Title IX's prohibition against discrimination based on sex includes discrimination based on gender identity and sexual orientation. This Sidebar also examines how the NPRM addresses the question of how the proposed regulatory change, if adopted, may interact with Title IX's various exceptions, which permit differential treatment based on sex in certain circumstances. Bostock and Title VII's Sex Discrimination Ban On June 15, 2020, the Supreme Court ruled in Bostock v. Clayton County that Title VII forbids employers from discriminating against employees based on sexual orientation or gender identity. That statute, among other things, prohibits covered employers from discriminating in employment against individuals because of ... sex. The statute's text does not explicitly mention sexual orientation or gender identity. The Court's majority opinion concluded that Title VII's prohibition of discrimination because of' sex Congressional Research Service https://crsreports.congress.gov LSB10830 CRS Legal Sidebar Prepared for Members and Committees of Congress

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