OVERVIEW
The Department of Justice is charged with the coordination and implementation of federal nondiscrimination laws that protect individuals against discrimination on the basis of sex in a wide range of federally-funded programs and activities. Exec. Order No. 12250, § 1-201, 45 Fed. Reg. 72,995 (Nov. 4, 1980). These laws include Title IX of the Education Amendments of 1972, and other sex discrimination statutes conditioned on the receipt of federal financial assistance such as the Omnibus Crime Control and Safe Streets Act of 1968 ("Safe Streets Act").
In addition, Section 902 of the Civil Rights Act of 1964, as amended, grants the United States an unconditional right to intervene in cases seeking relief from the alleged denial of equal protection of the laws under the Fourteenth Amendment to the United States Constitution on account of sex, if the Attorney General certifies that the case is of general public importance. 42 U.S.C. § 2000h-2.
Under these authorities, the Federal Coordination and Compliance Section has developed an extensive interagency coordination program to ensure consistent and effective implementation and enforcement of federal sex discrimination prohibitions. This coordination program has allowed the Section to play a key role in implementing a governmentwide response to Executive Order No. 13988, Preventing and Combating Discrimination on the Basis of Gender Identity or Sexual Orientation, reprinted at 86 Fed. Reg. 7023 (Jan. 20, 2021).
TITLE IX OF THE EDUCATION AMENDMENTS OF 1972
On June 23, 1972, the President signed Title IX of the Education Amendments of 1972, 20 U.S.C. §1681 et seq., into law. Title IX is a comprehensive federal law that prohibits discrimination on the basis of sex in any federally funded education program or activity. The principal objective of Title IX is to avoid the use of federal money to support sex discrimination in education programs and to provide individual citizens effective protection against those practices.
Title IX applies, with a few specific exceptions, to all aspects of federally funded education programs or activities. In addition to traditional educational institutions such as colleges, universities, and elementary and secondary schools, Title IX also applies to any education or training program operated by a recipient of federal financial assistance. The Department of Education issued regulations on the requirements of Title IX, 34 C.F.R. § 106.1et seq., in 2000. A Title IX common rule, published on August 30, 2000, covers education program providers/recipients that are funded by other federal agencies.
To get more information on Title IX, please visit the Department of Education's Office for Civil Rights or the Educational Opportunities Section websites.
STATUTES & REGULATIONS
Title IX Statute (HTML version)
Omnibus Crime Control and Safe Streets Act of 1968 (Safe Streets Act) (HTML version)
Department of Education Issues Proposed Changes to Title IX Regulations and Invites Public Comment:
- Press release: https://www.ed.gov/news/press-releases/us-department-education-releases-proposed-changes-title-ix-regulations-invites-public-comment
- Fact sheet: https://www2.ed.gov/about/offices/list/ocr/docs/t9nprm-factsheet.pdf
- Chart: https://www2.ed.gov/about/offices/list/ocr/docs/t9nprm-chart.pdf
- Unofficial NPRM: https://www2.ed.gov/about/offices/list/ocr/docs/t9nprm.pdf
20+ Federal Agencies Adopt Title IX Regulations through the 2000 Title IX Common Rule:
- Title IX Final Common Rule for 21 Federal agencies: Nondiscrimination on the Basis of Sex in Education Programs or Activities Receiving Federal Financial Assistance (65 Fed. Reg. 52857) (HTML or PDF) and accompanying press release
Rulemaking actions to incorporate the Civil Rights Restoration Act's broadened definitions of "program or activity" and "program" into Title IX regulations:
- Department of Education's Final Rule, published November 13, 2000 (HTML or PDF)
- Department of Education's Title IX regulations, 34 C.F.R. § 106.1 et seq. (HTML or PDF)
- Link to Title IX regulations of other federal agencies
SEX DISCRIMINATION CASES & BRIEFS
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L.W. v. Skrmetti, 3:23-cv-376 (M.D. Tenn.)
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On April 26, 2023, the Justice Department filed a complaint challenging Tennessee Senate Bill 1 (SB 1), a recently enacted law that denies necessary medical care to youth based solely on who they are. The complaint alleges that SB 1’s ban on providing certain medically necessary care to transgender minors violates the Fourteenth Amendment’s Equal Protection Clause. The department is also asking the court to issue an immediate order to prevent the law from going into effect on July 1, 2023. - Press Release
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United States' Memorandum in Support of Motion for Preliminary Injunction
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Boe v. Marshall (formerly Eknes-Tucker v. Marshall), 2:22-cv-184 (M.D. Ala.)
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On April 29, 2022, the Justice Department intervened in a legal challenge to an Alabama law that imposes a felony ban on providing certain medically necessary care to transgender minors. The complaint in intervention alleges that the law, Senate Bill (S.B. 184), violates the Fourteenth Amendment’s Equal Protection Clause by discriminating on the basis of sex and transgender status. The Department, along the private plaintiffs, asked the court to issue an immediate order to prevent the law from going into effect. On May 19, 2022, the federal district court granted a preliminary injunction barring certain provisions of the law from taking effect, specifically the prohibitions on providing puberty blockers or gender-affirming hormones to transgender youth under 19. The court’s order granting the preliminary injunction is currently before the Eleventh Circuit on appeal.
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DOJ Statement of Interest in Brandt v. Rutledge, 4:21-cv-450-JM (E.D. Ark.)- June 17, 2021
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DOJ Amicus Brief 8th Circuit Court of Appeals- January 21, 2022
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DOJ Statement of Interest in B.P.J. v. West Virginia State Board of Education, et al., 2:21-cv-00316 (S.D. W.Va.) - June 17, 2021
- Doe v. Mercy Catholic Med. Ctr., Case #16-1247 (3d Cir. June 9, 2016)
