45 C.F.R. § 86.6

Effect of other requirements

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(a) Effect of other Federal provisions. The obligations imposed by this part are independent of, and do not alter, obligations not to discriminate on the basis of sex imposed by Executive Order 11246, as amended; sections 799A and 845 of the Public Health Service Act (42 U.S.C. 295h-9 and 298b-2); Title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.); the Equal Pay Act (29 U.S.C. 206 and 206(d)); and any other Act of Congress or Federal regulation.

(Secs. 901, 902, 905, Education Amendments of 1972, 86 Stat. 373, 374, 375; 20 U.S.C. 1681, 1682, 1685)

(b) Effect of State or local law or other requirements. The obligation to comply with this part is not obviated or alleviated by any State or local law or other requirement which would render any applicant or student ineligible, or limit the eligibility of any applicant or student, on the basis of sex, to practice any occupation or profession.

(c) Effect of rules or regulations of private organizations. The obligation to comply with this part is not obviated or alleviated by any rule or regulation of any organization, club, athletic or other league, or association which would render any applicant or student ineligible to participate or limit the eligibility or participation of any applicant or student, on the basis of sex, in any education program or activity operated by a recipient and which receives Federal financial assistance.

(Secs. 901, 902, Education Amendments of 1972, 86 Stat. 373, 374; 20 U.S.C. 1681, 1682) [40 FR 24137, June 4, 1975, as amended at 70 FR 24321, May 9, 2005]

Notes of Decisions

Cited in 3 cases, 1978–1981 · leading case: Caulfield v. Board of Ed. of City of New York

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Caulfield v. Board of Ed. of City of New York (1979) nyed “See also 45 C.F.R. § 86.6 (requirements of Title IX independent of those of Title VII of the Civil Rights Act and the Equal Pay Act).”

National Collegiate Athletic Ass'n v. Califano (1978) ksd “Furthermore, while the obligation of a “recipient” to comply with the challenged regulations is expressly stated by HEW to be “not obviated or alleviated by any rule or regulation of any organization, club, athletic or other league, or association,” 45 C.F.R. § 86.6 (c), the…”

Yellow Springs Exempted Village School District Board of Education v. Ohio High School Athletic Ass'n (1981) ca6 “On the basis of 45 C.F.R. § 86.6 (c), I also concur in the majority’s holding that the OHSAA rule cannot prohibit Yellow Springs from making the decision on how best to provide an equal opportunity to its female basketball players.”

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