Department of Education had each issued guidance in June, in keeping with Biden’s executive order to implement the provisions of the Supreme Court’s ruling in Bostock v.
Clayton County across the federal government. In that 2020 ruling, the high court found that workplace discrimination based on sexual orientation or gender identity is sex discrimination, illegal under Title VII of the Civil Rights Act of 1964.
The Biden administration says this also applies to Title IX of the Education Amendments of 1972, which bans sex discrimination in education.The guidelines do not specifically impose policies but warn that anti-LGBTQ+ discrimination will be investigated.