Sex Discrimination

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 updated it's regulations on the requirements of Title IX, in 2024. 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

Department of Education Amends its Title IX Regulations- April 19, 2024:

• Department of Education: Title IX Regulations
• Fact Sheet: U.S. Department of Education’s 2024 Title IX Final Rule Overview
• Brief Overview of Key Provisions of the Department of Education’s 2024 Title IX Final Rule
• Resource for Drafting Nondiscrimination Policies, Notices of Nondiscrimination, and Grievance Procedures under 2024 Amendments to the U.S. Department of Education’s Title IX Regulations

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 etseq. (HTML or PDF)
• Link to Title IX regulations of other federal agencies

Sex Discrimination Cases & Briefs

Statements of Interest and Amicus

The Justice Department filed a Statement of Interest in a lawsuit brought by a transgender woman in custody, asserting that Indiana’s House Enacted Act 1569’s blanket ban on gender-affirming surgery at Indiana Department of Corrections facilities violates both the Equal Protection Clause of the Fourteenth Amendment and the Eighth Amendment to the Constitution.
• DOJ Amicus Brief in Dekker v. Secretary. Florida Agency for Health Care Administration, 11th Circuit Court of Appeals - December 4, 2023
• The Justice Department filed an Amicus brief in a lawsuit brought by four transgender minors, their parents, and a doctor and her medical practice, asserting that Indiana Senate Enrolled Act 480 (SEA 480), which prohibits certain kinds of medical care for transgender minors but not for other minors, is a classification based on sex and transgender status that is subject to and fails heightened equal-protection scrutiny.
  • DOJ Amicus Brief in K.C. v. Medical Licensing Board of Indiana, 7th Circuit Court of Appeals - September 27, 2023