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What to Do About President Biden’s New Executive Order About Discrimination and Title IX

Updated: Nov 17, 2022

As he promised, one of President Joe Biden’s first acts as president was to start working on the Title IX regulations. On his first day in office, he signed an executive order that addresses the U.S. Supreme Court’s decision last summer in Bostock v. Clayton County, in which the Court held that Title VII prohibited employers from discriminating on the basis of sexual orientation and gender identity. This is a dramatic change from the previous documents that the U.S. Department of Education (ED) issued suggesting that it would not apply the reasoning of Bostock in the Title IX context.

All Title IX regulated school districts, colleges, and universities should review the order and keep apprised of any new case law. They’re also advised to consult with legal counsel regarding matters involving discrimination on the basis of sexual orientation or gender identity while waiting on further information from the ED.

Here are some practical steps on what you can do for your school:

  • Review policies and practices to ensure they protect the rights of transgender students and employees and prohibit discrimination on the basis of sexual orientation. It’s likely that these new policies will be similar to the previous 2016 guidelines regarding transgendered children.

  • Revise all anti-discrimination and harassment policies.

  • Review your approach to issues such as housing, bathroom and locker-room access, athletics, and preferred name and pronoun policies.

  • Ensure school restroom and locker room access policies provide equal access to students and employees consistent with their gender identity.

  • Make sure any harassment prevention training should address LGBTQ-related protections.

It is likely that we can expect policy changes and revision in the coming year and McGrath is happy to help your school with these changes. Please contact us for more information:


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