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Sexual harassment is a form of sex discrimination prohibited under title ix

opinion

Title IX of the United States Education Amendments of [1] prohibits discrimination "on the basis of sex" in educational programs and activities that receive financial assistance from the federal government. The Obama administration interpreted Title IX it to cover discrimination on the basis of assigned sexgender identityand transgender status.

The Trump administration determined that the question of access to sex-segregated facilities should be left to the states and local school districts to decide. Sexual harassment is a form of sex discrimination prohibited under title ix kept the core provision of Title IX very brief, only one sentence long.

The interpretation and implementation of Title IX was left to the executive, whom Congress expressly "authorized and directed to effectuate the [statute] by issuing rules, regulations, or orders of general applicability which shall be consistent with achievement of [its] objectives Simultaneously with evolving subregulatory guidance, OCR started conducting enforcement actions under Title IX against school districts where discrimination against transgender students was alleged to have taken place.

Unified School Districtstemming from the complaint by a transgender boy, who was denied the use of boys' restrooms and locker rooms and was required to sleep alone in a separate cabin on an overnight school trip.

Title VII has also been interpreted to encompass discrimination based on sex stereotypes, gender identity, and transgender status by the EEOC and many federal courts. On May 13,the Department of Justice DOJ and DOE issued joint guidance to educational institutions on the scope of Title IX, in the form of a Dear Colleague letter and an accompanying compendium of actual policies and practices, which had previously been enacted by state agencies and school districts throughout the U.

In practical terms, the administration instructed schools that Title IX's prohibition on discrimination means that schools generally must:.

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