Since the ruling in Bostock v. Clayton County, 140 S. Ct. 1731, holding that Title VII protects employees from discrimination based on sexual orientation and gender identity, school districts and institutions of higher education have struggled to determine if the Court’s ruling is applicable in the context of Title IX.
On his first day in office, President Joseph R. Biden signed the “Executive Order on Preventing and Combating Discrimination on the Basis of Gender Identity or Sexual Orientation” making it clear that Bostock’s prohibition on sex discrimination extends to Title IX, along with several other Acts.
The U.S. Department of Education is expected to issue new guidance on the matter in the next 100 days to reflect this prohibition of discrimination on the basis of sexual orientation and gender identity in accordance with this new executive order.
To read this case, click here.
To review the Executive Order, click here.
Authors: Matthew John Markling and the McGown & Markling Team.
Note: This blog entry does not constitute – nor does it contain – legal advice. Legal jurisprudence is like the always-changing Midwestern weather. As a result, this single blog entry cannot substitute for consultation with a McGown & Markling attorney. If legal advice is needed with respect to a specific factual situation, please feel free to contact a McGown & Markling attorney.