Biden administration adopts stronger Title IX sex and gender discrimination rules

UPI
The Biden administration Friday finalized new Title IX rules, strengthening protections against sex and gender discrimination. Education Secretary Miguel Cardona said the stronger rules make it "crystal clear" that everyone can access safe schools that respect their rights. File photo by Michael Reynolds/UPI
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April 19 (UPI) -- The Biden administration on Friday finalized sweeping changes to Title IX, strengthening protections against sex and gender discrimination in schools.

The rules, which take effect on Aug. 1, require schools to respond quickly to sex and gender discrimination, expand LGBTQ rights and give victims more power in sexual abuse cases.

"Under today's regulations, schools will have to do enough to end sex discrimination, giving complete effect to the Title IX guarantee that no person shall experience sex discrimination at school," Catherine Lhamon, assistant secretary for civil rights in the Education Department, said during a call with reporters.

According to the Education Department Title IX now "clarifies that sex discrimination includes discrimination based on sex stereotypes, sex characteristics, pregnancy or related conditions, sexual orientation, and gender identity."

The rules also clarify that, "sex-based harassment includes harassment on these bases and further clarifies when sex-based harassment creates a hostile environment."

The Education Department said that the final regulations "define hostile environment harassment as unwelcome sex-based conduct that, based on the totality of the circumstances, is subjectively and objectively offensive and is so severe or pervasive that it limits or denies a person's ability to participate in or benefit from the recipient's education program or activity."

"These regulations make it crystal clear that everyone can access schools that are safe, welcoming and that respect their rights," Education Secretary Miguel A. Cardona said during a Thursday call with reporters.

House Education Committee Chair Virginia Foxx, R-N.C., opposes the expansion of LGBTQ rights in Title IX, calling the changes an escalation of the Democratic Party's "contemptuous culture war that aims to radically redefine sex and gender."

Rights groups like the Human Rights Campaign have maintained that laws targeting LGBTQ people to curtail their rights are hostile attacks on human rights.

An HRC 2023 report found 525 bills introduced in 41 states, including more than 220 targeting transgender people.

The Leadership Conference on Civil and Human Rights supported the Biden administration's proposed strengthening of Title IX protections against sex and gender discrimination in a 2022 letter to the Education Department.

Representing more than 230 national rights organizations, the group urged "the department to ensure an educational environment free from discrimination on the basis of sex (including sexual orientation, gender identity, transgender status, sex stereotypes, sex characteristics, or pregnancy and related conditions)."