New OCR Resources Provide Guidance Regarding Pregnancy, Parental, Family, or Marital Status Anti-Discrimination and Coordinator Duties under the 2024 Regulations

On Thursday, September 12, 2024, the U.S. Department of Education Officer for Civil Rights released two new resources regarding the 2024 amendments to Title IX Regulations, which went into effect on August 1, 2024. The resources, entitled “2024 Title IX Regulations: Impact on Title IX Coordinator Duties” and “2024 Title IX Regulations: Nondiscrimination Based on Pregnancy or Related Conditions & Parental, Family, or Marital Status” explain how the 2024 Title IX Regulations clarify and update longstanding obligations related to Title IX coordinator duties and the prohibitions on sex discrimination based on pregnancy or related conditions and parental, family, or marital status.

Resource 1: 2024 Title IX Regulations: Impact on Title IX Coordinator Duties

This 12-page published resource includes information that answers the following questions:

• What is the role of a Title IX Coordinator?
• What training must be provided to a Title IX Coordinator?
• How must a Title IX Coordinator monitor for barriers to reporting sex discrimination?
• What steps must a Title IX Coordinator take in response to notice of conduct that reasonably may constitute sex discrimination? And, alternatively, under what circumstances is a Title IX Coordinator not required to take those steps?
• What actions must a Title IX Coordinator coordinate to carry out the school’s obligations to students who are pregnant or experiencing pregnancy-related conditions?
• What are the Title IX Coordinator’s recordkeeping responsibilities?

Resource 2: 2024 Title IX Regulations: Nondiscrimination Based on Pregnancy or Related Conditions & Parental, Family, or Marital Status

This 17-page published resource provides an overview of an institution’s legal obligations under Title IX regarding discrimination based on pregnancy or related conditions and parental, family, or marital status. The resource also provides more detailed information on how the Title IX protections apply to applicants for admission and employment, students and employees. The resource discusses reasonable modifications and provides examples. The resource also explains what kinds of modifications would fundamentally alter the education program or activity.

Note: The Department of Education has stated that the 2024 Regulations and related resources do not apply to California institutions affected by the Kansas preliminary injunction, and that pending further court orders, the 2020 Title IX Regulations remain in effect in those schools and colleges. Additionally, California institutions should also comply with California law, which provide protections against sexual harassment and discrimination based on gender (including pregnancy status), gender identity, gender expression, and sexual orientation.

Next Steps

LCW attorneys are closely monitoring developments in relation to Title IX and are able to advise on the effects of the regulatory changes on your organization. Additionally, the U.S. Department of Education will post updates to its Title IX website.

If your institution needs training, forms, or assistance with Title IX compliance and overlapping federal and state law, please contact our Los Angeles, San Francisco, Fresno, San Diego, or Sacramento office.