Sex Discrimination in Education

Congress passed Title IX of the Education Amendments of 1972 (Title IX) as a follow-up to the Civil Rights Act of 1964. Title IX prohibits discrimination on the basis of gender in American schools and universities. The law protects students, parents, teachers, and other staff from discriminatory acts.

Title IX is a federal civil rights law that prohibits unequal treatment based on sex or gender. This includes discrimination based on sex stereotypes, including gender identity. This nondiscrimination law applies to all educational institutions that receive federal funding from the U.S. government.

Many people perceive Title IX as pertaining only to equal treatment in athletics because of the opportunities it has created for females in amateur athletics and recreational sports. However, Title IX offers numerous protections against discrimination across all areas of academia.

Here, we answer the most frequently asked questions about sex discrimination in education and offer links to additional information on this topic.

What is Title IX?

President Richard Nixon passed Title IX on June 23, 1972. The law is codified in 20 U.S.C. §1681 et seq. and is part of the Code of Federal Regulations. Congress has passed several amendments to the original law, and the Supreme Court has heard many cases related to Title IX over the years.

Title IX of the Education Amendments of 1972 is an anti-discrimination law that protects people from unfair and unequal treatment in education programs and activities on the basis of sex. The law applies to all schools receiving federal financial assistance.

Title IX states that:

“No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance."

Title IX Fact Sheet

The federal government published the most recent Title IX fact sheet in July 2024. The regulations, which apply to all but 14 states, include specific rules for educational institutions and the federal courts to follow.

Some of the more recent requirements of Title IX address the following:

• Non-discrimination against students attending federally funded education programs based on sexual orientation, gender identity, and sex characteristics. Congress intended for the new rules to protect members of the LGBTQI community. The government implemented these new regulations to help address the growing number of discrimination cases by transgender students.
• Demanding gender equity in all schools, including institutes of higher education.
• Educational institutions must make reasonable accommodations for pregnant students and students who are nursing.

It also includes procedures for handling discrimination complaints.

The federal government has been implementing regulations related to sex discrimination in education ever since Congress passed the original law in 1972. Students should familiarize themselves with the most recent fact sheet before filing their complaint with the Office of Civil Rights (OCR).

What are some examples of sex discrimination in education?

Examples of sex discrimination in education may include:

• Unequal Opportunities: Unequal opportunities include providing better resources, funding, or opportunities. Students or faculty may receive these opportunities based on their sex instead of their abilities or qualifications.
• Harassment: Harassment includes subjecting people to unwanted sexual harassment, advances, comments, or behaviors. These can create a hostile or intimidating environment.
• Stereotyping: Stereotyping is assuming certain abilities, interests, or career paths based on sex stereotypes. This can limit opportunities for students or faculty to pursue their interests freely.

Other types exist, but these are among the most common.

Does Title IX apply to all educational programs?

Title IX applies to all educational programs if the school or college receives federal financial assistance. This includes academics, extracurricular activities, and athletics. Title IX also applies to off-campus activities.

All schools and school districts receiving federal financial assistance must comply with Title IX. Public colleges and universities generally receive federal financial aid, and most private colleges and universities do, too.

Title IX doesn't apply to private colleges that do not receive federal funds.

Does Title IX only protect students?

No, Title IX protects all participants in the program from discrimination, including parents, students, and employees.

Are schools responsible for addressing sexual harassment? What about sexual assault or rape?

Yes. When schools become aware that sexual harassment has become severe, persistent, or pervasive, they must take effective action. The courts can hold a school legally responsible when its response to harassment is unreasonable in relation to the known circumstances.

The school may have to pay damages if a victim can demonstrate the school acted with "deliberate indifference to known acts of harassment in its programs or activities."

Schools must also take action against gender-based violence, including sexual assault, sexual violence, and rape. Just as with sexual harassment, if a school is on notice of the incident and ignores it, the school may be legally responsible.

Does the harassment have to be ongoing? Does Title IX cover a one-time incident?

Sexual harassment doesn't have to be ongoing to qualify as a violation. Under Title IX, harassment must be severe enough to affect a student's equal access to education. The courts have ruled that a one-time incident can meet this standard.

Does Title IX require school athletic programs to provide equal opportunity to students?

School districts, boards of education, and colleges must provide equal opportunity in sports and specific program areas like equipment, supplies, and recruitment. However, Title IX does not require a school to offer identical athletics programs for males and females, nor does it require that each team receive the same services and supplies.

The Office for Civil Rights (OCR) of the U.S. Department of Education, the entity that enforces Title IX, examines each program as a whole and determines whether the programs meet the equal opportunity criteria.

How does the House vs. NCAA case impact Title IX?

The most recent Title IX regulations impact universities' implementation of “Name, Image, Likeness" (NIL) payments as part of a recent legal settlement. House v. NCAA revolves around student athletes' right to receive compensation in exchange for a university's using their name, image, and likeness to increase revenue.

In light of the pending settlement in House v. NCAA, the Office of Civil Rights (OCR) published a memo on January 16, 2025, clarifying how the final regulations outlined in the 2024 fact sheet will impact NIL. The memo stated that the rules in the 2024 “Fact Sheet" are not effective going forward.

According to the Department of Education, schools must make every effort to ensure that the payments colleges make under the NIL rules are equitable between male and female students. While the new regulations don't require education institutions to pay male and female student-athletes the same amount of NIL money, they must distribute such payments in an equitable manner.

Under Title IX, schools must be prepared to justify any discrepancies between the payments they make to male and female student-athletes.

A Civil Rights Lawyer Can Help Protect Your Title IX Rights

Title IX protects students, parents, and employees against all forms of sex discrimination in education. If your school has denied you access to an athletics program or other educational opportunity because of your gender, you may have a legal claim.

Talk to a civil rights attorney who can help protect your rights.