(a) General. (1) No person shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination in employment, or recruitment, consideration, or selection therefor, whether full-time or part-time, under any education program or activity operated by a recipient which receives Federal financial assistance.
(2) A recipient shall make all employment decisions in any education program or activity operated by such recipient in a nondiscriminatory manner and shall not limit, segregate, or classify applicants or employees in any way which could adversely affect any applicant's or employee's employment opportunities or status because of sex.
(3) A recipient shall not enter into any contractual or other relationship which directly or indirectly has the effect of subjecting employees or students to discrimination prohibited by this subpart, including relationships with employment and referral agencies, with labor unions, and with organizations providing or administering fringe benefits to employees of the recipient.
(4) A recipient shall not grant preferences to applicants for employment on the basis of attendance at any educational institution or entity which admits as students only or predominantly members of one sex, if the giving of such preferences has the effect of discriminating on the basis of sex in violation of this part.
(b) Application. The provisions of this subpart apply to:
(1) Recruitment, advertising, and the process of application for employment;
(2) Hiring, upgrading, promotion, consideration for and award of tenure, demotion, transfer, layoff, termination, application of nepotism policies, right of return from layoff, and rehiring;
(3) Rates of pay or any other form of compensation, and changes in compensation;
(4) Job assignments, classifications and structure, including position descriptions, lines of progression, and seniority lists;
(5) The terms of any collective bargaining agreement;
(6) Granting and return from leaves of absence, leave for pregnancy or related conditions, leave for persons of either sex to care for children or dependents, or any other leave;
(7) Fringe benefits available by virtue of employment, whether or not administered by the recipient;
(8) Selection and financial support for training, including apprenticeship, professional meetings, conferences, and other related activities, selection for tuition assistance, selection for sabbaticals and leaves of absence to pursue training;
(9) Employer-sponsored activities, including those that are social or recreational; and
(10) Any other term, condition, or privilege of employment.
[45 FR 30955, May 9, 1980, as amended at 65 FR 68056, Nov. 13, 2000; 85 FR 30579, May 19, 2020; 89 FR 33895, Apr. 29, 2024]
Notes of Decisions
North Haven Bd. of Educ. v. Bell, 456 U.S. 512 (1982).
· cites it 4× “34 CFR § 106.51 (a)(1). Today, the Court upholds the validity of these regulations, relying on the statutory language, its legislative history, and several postenactment events.”
Davis Ex Rel. LaShonda D. v. Monroe Cnty. Bd. of Educ., 526 U.S. 629 (1999).
· cites it 2× “51 (a)(3) (1998) ("A [grant] recipient shall not enter into any contractual or other relationship which directly or indirectly has the effect of subjecting employees or students to discrimination prohibited by this subpart, including relationships with employment and referral…”
Jane Doe v. Mercy Catholic Med. Ctr., 850 F.3d 545 (3rd Cir. 2017).
“1912 (citing, for example, 34 C.F.R. § 106.51 (a)(1)). The boards sued the agencies, seeking to declare these regulations ultra vires under Title IX.”
Kelley v. Iowa State Univ. of Sci. & Tech., 311 F. Supp. 3d 1051 (S.D. Iowa 2018).
· cites it 3× “Title IX's protection extends to employees: "No person shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination in employment .”
Fox v. Pittsburg State Univ., 257 F. Supp. 3d 1112 (D. Kan. 2017).
· cites it 2× “84 Furthermore, Defendant’s reliance on 34 C.F.R. § 106.51 , a Department of Education regulation, is misplaced.”
Legoff v. Trs. of Boston Univ., 23 F. Supp. 2d 120 (D. Mass. 1998).
· cites it 2× “34 C.F.R. § 106.51 (a)(2). The above regulation applies to both employment termination and rehiring.”
Henschke v. New York Hosp.-Cornell Med. Ctr., 821 F. Supp. 166 (S.D.N.Y. 1993).
“intiffs fourth and fifth claims on the ground that the Hospital does not receive federal funding within the meaning of Title IX is converted to a motion for summary judgment, and that motion is held in abeyance pursuant to the Stipulation and Order dated March 19, 1993; (d)…”
Gardner v. St. Bonaventure Univ., 171 F. Supp. 2d 118 (W.D.N.Y. 2001).
“As relevant, the regulations provide: [n]o person shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination in employment, or recruitment, consideration, or selection therefor, whether full-time or part-time,…”
Pauline Brine v. Univ. of IA, 90 F.3d 271 (8th Cir. 1996).
· cites it 3× “demotion, transfer,” see 34 C.F.R. § 106.51 (b)(2), “[j]ob assignments, classifications and structure, including posi *276 tion descriptions,” see 34 C.”
Hall v. Millersville Univ. (E.D. Pa. 2019).
“organizations providing or administering fringe benefits to employees of the recipient” ( 34 C.F.R. § 106.51 (a)(3)). Id. at 664 . The Court also cited to common law, namely Comment a to Section 320 of the Restatement (Second) of Torts, which references “teachers or other…”
— 34 C.F.R. § 106.51(a)(1) — 2 cases
Kelley v. Iowa State Univ. of Sci. & Tech., 311 F. Supp. 3d 1051 (S.D. Iowa 2018).
“Title IX's protection extends to employees: "No person shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination in employment .”
Gardner v. St. Bonaventure Univ., 171 F. Supp. 2d 118 (W.D.N.Y. 2001).
“As relevant, the regulations provide: [n]o person shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination in employment, or recruitment, consideration, or selection therefor, whether full-time or part-time,…”
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