Federal agencies implementing and enforcing Title IX will prohibit discrimination against LGBTQ+ individuals.
The DOJ does not prescribe any particular outcome with regard to enforcement actions, and each Title IX claim will turn on its own unique set of facts.
The DOE will solicit the public’s input on issues of sexual harassment in school environments, including discrimination based on sexual orientation and gender identity.
The Bottom Line
The DOJ has notified Federal Agency Civil Rights Directors and General Counsels that anti-LGBTQ+ discrimination falls within the scope of Title IX’s protections. Federally funded schools, colleges, and universities should review their own anti-discrimination policies and programs and update them accordingly. Educational institutions should also be on the lookout for announcements posted on the OCR’s