March 8, 2021, Executive Order directs newly sworn-in Secretary of Education Miguel Cardona to review agency actions, including specifically the federal Title IX regulations enacted on August 13, 2020, that are or may be inconsistent with the policy set forth above within 100 days of the March 8, 2021, Executive Order. March 8, 2021, Executive Order states it is the policy of the Biden Administration to guarantee an educational environment free from discrimination based on sex, including discrimination in the form of sexual harassment, which encompasses sexual violence, and including discrimination based on sexual orientation or gender identity. If the agency identifies an inconsistency, it must revise, suspend, or rescind such agency actions or promulgate new agency actions within 100 days in order to fully implement statutes that prohibit sex discrimination according to the policy stated in the Executive Order. Accordingly, on January 20, 2021, the Executive Order directs all federal agencies to review all existing orders, regulations, guidance documents, policies, programs, or other agency actions (agency actions) that may be inconsistent with this policy. January 20, 2021, Executive Order states it is the policy of the Biden Administration to prevent and combat discrimination based on gender identity or sexual orientation and to fully enforce Title VII and other laws that prohibit discrimination on these bases. sex” covered discrimination based on gender identity and sexual orientation, and similarly, other laws that prohibit sex discrimination - including Title IX of the Education Amendments of 1972 and its implementing regulations - also prohibited discrimination based on gender identity or sexual orientation as long as the laws did not contain “sufficient indications to the contrary.” 1731, Title VII’s prohibition on discrimination “because of. January 20, 2021, Executive Order states that based on the Supreme Court’s ruling in Bostock v. Additionally, on March 8, 2021, President Biden issued Executive Order 14021 that states students should be guaranteed an educational environment free from discrimination based on sex. On January 20, 2021, President Joe Biden issued Executive Order 13988 that states all persons should receive equal treatment under the law regardless of their gender identity or sexual orientation.
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