The Civil Rights Division of the United States Department of Justice (DOJ) and the Department of Education (DOE) made back-to-back announcements regarding the implementation and application of Title IX. On April 5, 2021, the DOJ released a three-page memorandum (the Memorandum) confirming that Title IX prohibits discrimination on the basis of sexual orientation and gender identity in educational settings, adopting the Supreme Court’s reasoning from the landmark Title VII case, Bostock v. Clayton County. On April 6, 2021, the DOE’s Office for Civil Rights (OCR) announced plans to begin a comprehensive review of its Title IX regulations in accordance with the Biden Administration’s March 8th Executive Order on Guaranteeing an Educational Environment Free from Discrimination on the Basis of Sex, Including Sexual Orientation or Gender Identity. Click here to read the full alert.
