U.S. Department of Education Confirms Title IX Protects Students from Discrimination Based on Sexual Orientation and Gender Identity
During this Pride Month, the U.S. Department of Education’s Office for Civil Rights, which administers and enforces the federal Title IX law, issued a Notice of Interpretation confirming that it will enforce Title IX’s prohibition on discrimination on the basis of sex to include (1) discrimination based on sexual orientation; and (2) discrimination based on gender identity.
Title IX of the Education Amendments of 1972 prohibits discrimination on the basis of sex in any education program or activity receiving federal funding. The Department's interpretation stems from the landmark 2020 U.S. Supreme Court decision in Bostock v. Clayton County, in which the Supreme Court recognized that it is impossible to discriminate against a person based on their sexual orientation or gender identity without discriminating against that person based on sex.
"The Supreme Court has upheld the right for LGBTQ+ people to live and work without fear of harassment, exclusion, and discrimination – and our LGBTQ+ students have the same rights and deserve the same protections. I'm proud to have directed the Office for Civil Rights to enforce Title IX to protect all students from all forms of sex discrimination," said U.S. Secretary of Education Miguel Cardona. "Today, the Department makes clear that all students—including LGBTQ+ students—deserve the opportunity to learn and thrive in schools that are free from discrimination."
Note that Howard University's Policy Prohibiting Sex and Gender-Based Discrimination, Sexual Misconduct, and Retaliation (also referred to as our Title IX Policy) prohibits discrimination and harassment based on sex, gender, gender identity, gender expression, non-conformance with gender stereotypes, or sexual orientation. This includes any intentional or unintentional act that results in someone being excluded from, denied benefits of, or subjected to acts of aggression, intimidation, or hostility in any academic, extracurricular, research, occupational training, or other education program or activity of the University.
Read more about the Department of Education's Notice of Interpretation on Title IX: