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Title IX Protects Against Discrimination on the Basis of Sexual Orientation and Gender Identity

The United States Department of Education (“Department of Education”) issued a Notice of Interpretation to provide guidance on its enforcement authority when processing complaints and conducting investigations regarding claims of discrimination.

Title IX protections that prohibit discrimination on the basis of sex encompass discrimination on the basis of sexual orientation and gender identity, as well. This interpretation is shaped in part of the interpretation of Title VII, and extends Title VII protections to students.

The Department of Education finds that this interpretation is most consistent with the intention of this legislation, which is to protect individuals from discriminatory harm.

To read this case, 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.

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