C.F.R. » Title 34 » CHAPTER I—OFFICE FOR CIVIL RIGHTS, DEPARTMENT OF EDUCATION › PART 106—NONDISCRIMINATION ON THE BASIS OF SEX IN EDUCATION PROGRAMS OR ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE › Subpart B—Coverage

34 C.F.R. § 106.10

Scope

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Discrimination on the basis of sex includes discrimination on the basis of sex stereotypes, sex characteristics, pregnancy or related conditions, sexual orientation, and gender identity.

[89 FR 33886, Apr. 29, 2024]
Notes of Decisions
Cited in 6 cases (6 in the last 5 years), 2024–2024 · leading case: Dep't of Educ. v. Louisiana, 603 U.S. 866 (2024).
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Dep't of Educ. v. Louisiana, 603 U.S. 866 (2024). · cites it 2× “Every Member of the Court agrees respondents are entitled to interim relief as to three provisions of that Rule: 34 CFR § 106.10 (2024) (defning sex Cite as: 603 U.”
Dep't of Educ. v. Louisiana, 603 U.S. 866 (2024). · cites it 2× “Every Member of the Court agrees respondents are entitled to in- terim relief as to three provisions of that Rule: 34 CFR §106.10 (2023) (defining sex discrimination), §106.”
Dep't of Educ. v. Louisiana, 603 U.S. 866 (2024). · cites it 2× “Every Member of the Court agrees respondents are entitled to in- terim relief as to three provisions of that Rule: 34 CFR §106.10 (2023) (defining sex discrimination), §106.”
Oklahoma State of v. Cardona (W.D. Okla. 2024). · cites it 2× “at 33476 (to be codified as 34 C.F.R. § 106.10 ). It also imposes a “de minimis harm” standard, which states [i]n the limited circumstances in which Title IX or this part permits different treatment or separation on the basis of sex, a recipient must not carry out such different…”
State of Texas v. The United States of Am. (N.D. Tex. 2024). · cites it 2× “at 33,886 (to be codified at 34 C.F.R. § 106.10 ). The Department explains that “discrimination on each of those bases is sex discrimination because each necessarily involves consideration of a person’s sex, even if that term is understood to mean only physiological or…”
State of Louisiana v. U S Dept of Educ. (W.D. La. 2024). “The primary changes include: 1) Adding 34 CFR 106.10 to read: 106.10 Scope Discrimination on the basis of sex includes discrimination on the basis of sex stereotypes, sex characteristics, pregnancy or related conditions, sexual orientation or gender identity.”
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