July 19, 2024
Title IX Final Rule Trek to Defeat Continues
As of July 19th, multiple judges have issued temporary injunctions to block implementation of the U.S. Department of Education’s final Title IX rule. These rulings now block statewide implementation in at least 15 states and a list of specific schools in at least 45 states.
What’s it about? Title IX covers educational institutions that receive federal funds and prohibits discrimination in academic and other programs based on sex. The U.S. Department of Education published a final rule that included gender identity and sexual orientation to the definition of sex. A key implication is prohibiting biological males from competing on women’s athletic teams would be unlawful, as would prohibiting females from competing on men’s teams. The rule also provides protections for students and employees of covered institutions from discrimination and harassment based on pregnancy, as well as gender identity and sexual orientation. To be unlawful, the conduct would no longer need to be severe and pervasive, but severe or pervasive.
Where still permitted, this rule is scheduled to take effect August 1, 2024. If you are a covered institution, be sure to stay in touch with your legal counsel for updates and how they may impact your related policies, programs, and procedures.
