Title IX
Title IX of the Education Amendments of 1972 (“Title IX”), codified at 20 U.S.C. §1681 et seq., is a Federal civil rights law prohibiting discrimination on the basis of sex in education programs and activities. In part, 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 education program or activity receiving Federal financial assistance.” All public and private elementary and secondary schools, school districts, colleges, and universities receiving any Federal funds must comply with Title IX. Under Title IX, discrimination on the basis of sex can include sexual harassment or sexual violence, such as rape, sexual assault, sexual battery, and sexual coercion. Other actions prohibited by Title IX include the failure to provide equal opportunity in athletics and discrimination based on pregnancy.
In May of 2020, the U.S. Department of Education added specific legally binding steps that educational institutions must take in response to notice of alleged sexual harassment. The 2020 amendments define sexual harassment to include certain types of unwelcome sexual conduct, sexual assault, dating violence, domestic violence, and stalking.
In West Virginia v. B.P.J. (2026), the U.S. Supreme Court definitively ruled that Title IX permitted legislatures to pass laws that restrict who may play school sports based on an individual's biological sex instead of their gender identity. In effect, this means that legislatures may prohibit people whose gender identity does not correspond with their biological sex from participating in sports outside of the sex assigned at birth. The Court maintained that doing so does not violate the equal protections afforded by Title IX because the language of Title IX refers to sex rather than gender; therefore, gender identity is not protected under Title IX.
See: West Virginia v. B.P.J., 609 U.S. __ (2026) and U.S. Department of Education 2026 Press Release on Rescinding Title IX Resolution Agreements.
[Last reviewed in September of 2026 by the Wex Definitions Team]
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