Transgender Students Rights

On May 10, 2021, the U.S. Department of Health & Human Services (HHS) announced, "[T]hat the Office for Civil Rights will interpret and enforce Section 1557 and Title IX’s prohibitions on discrimination based on sex to include: (1) discrimination on the basis of sexual orientation; and (2) discrimination on the basis of gender identity." This updated definition was provided in response to the U.S. Supreme Court’s decision in Bostock v. Clayton County and subsequent court decisions.

What does this mean for Title IX? While the U.S. Department of Education has yet to release a public statement on the issue we can move with confidence as the Office for Civil Rights will be upholding this updated definition for sex discrimination in order to further protect LGBTQ individuals.  To further our goal of helping you merge compliance and best practice, we invite you to join us for a FREE 1.5hr compliance update on June 3, 2021. We'll take a deeper look at updates to Title IX involving transgender students and be available live for questions.