ACLU: Title IX coverage explicitly extended to transgender students
April 29, 2014
The Office for Civil Rights in the U.S. Department of Education explicitly stated for the first time on Tuesday that Title IX of the Education Amendments of 1972 extends to claims of discrimination based on gender identity.
The OCR released a new document Tuesday with guidelines regarding educational institutions’ obligations under Title IX. According to the American Civil Liberties Union, the document is the first to explicitly discuss the protections Title IX provides to transgender students.
“Title IX’s sex discrimination prohibition extends to claims of discrimination based on gender identity or failure to conform to stereotypical notions of masculinity or femininity, and OCR accepts such complaints for investigation,” the OCR said in the guidance document.”Similarly, the actual or perceived sexual orientation or gender identity of the parties does not change a school’s obligations.”
Title IX bans discrimination on the basis of sex in federally-funded educational programs and activities.
“This guidance is crystal clear and leaves no room for uncertainty on the part of schools regarding their legal obligation to protect transgender students from discrimination,” said Ian Thompson, ACLU legislative representative, in a press release. “The Office for Civil Rights must now take the next step and issue comprehensive guidance on Title IX and transgender students.”
(Northwestern community evaluates culture, resources for transgender students)
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