Proposed Title IX Regulations Coming to a School Near You Soon

Luke Berg and Cory Brewer:

U.S. Supreme Court Decision – Bostock In June 2020, the U.S. Supreme Court issued a decision in Bostock v. Clayton County. The Court determined that Title VII, pertaining to employment discrimination, could be interpretated to protect an individual against sex discrimination, including on the basis of gender identity and sexual orientation.

What has changed under the Biden Administration?

Following the Bostock decision, President Biden issued an Executive Order directing federal agencies to interpret Bostock to apply to any similar federal laws that prohibit sex discrimination.

Following this order, the U.S. Department of Education began the process of issuing new regulations.