Here’s what they mean for you.

If the term “federal regulations” doesn’t feel all that relevant or interesting to you, don’t worry, you’re not alone. The term does perhaps sound a little dry and boring. 

But, as it turns out, federal regulations are actually very important and shape many aspects of our lives, even if we’re not aware of it. 

Recently, two federal agencies – the Department of Education and the Department of Health and Human Services – issued important new regulations that make it clear that it’s illegal to discriminate against someone for being lesbian, gay, bisexual or transgender, or because they are intersex. These rules clarify that federal laws against sex discrimination in education and health care cover discrimination based on sexual orientation, transgender status, and sex characteristics (including intersex traits). 

These are very important and welcome developments, given how important education and health care are to everyone. Below is a little bit more detail on the protections contained in these new rules. 

Education 

You might have heard of Title IX (“9”), a law passed a little over 50 years ago that says any school that accepts federal funding – so pretty much any public school and a lot of private schools too – can’t discriminate against students based on sex. Examples of the types of discrimination that are covered under Title IX include things like sex-based harassment, sexual violence, pregnancy discrimination, the failure to provide equal athletic opportunity, sex-based discrimination in a school’s science, technology, engineering, and math (STEM) courses and programs, and discriminatory application of dress code policies and/or enforcement. 

The Department of Education issues regulations from time to time to help students understand their rights under Title IX and to help schools understand their obligations. And just a few weeks ago, the Department finalized some important updates to those regulations. Perhaps most important for our community, these new rules say for the first time that “sex discrimination” includes discrimination based on sexual orientation, transgender status, and sex characteristics (including intersex traits). 

So what does that really mean? Here are some examples: 

• A school can’t deny you admission if you are LGBTQ 
• A school must allow transgender students to use restrooms and other sex-separated facilities that align with their gender identity 
• Teachers can’t intentionally and repeatedly misgender transgender students 
• A school must allow you to bring a same-sex date to prom or other school functions 
• If you experience anti-LGBTQ bullying or harassment, your school cannot ignore it and it must provide you with supportive measures 

In addition to issuing rules setting out what the law requires, the Department of Education’s Office for Civil Rights (OCR) also enforces these requirements. If you feel that you have been subjected to anti-LGBTQ discrimination in your school, you can file a complaint with OCR here: OCR: Discrimination Complaint Form (ed.gov). You don’t even need a lawyer – anyone can file a complaint. But if you would like help, you can always contact NCLR’s Help Line. 

Health Care 

When the Affordable Care Act (ACA) was passed back in 2010, it contained a very important provision (called “section 1557”) making it unlawful to discriminate against someone in health care based on sex. The Department of Health and Human Services just issued regulations making it clear that sex discrimination includes discrimination based on sexual orientation, transgender status, and sex characteristics (including intersex traits). 

So what does that really mean? Here are some examples: 

• A doctor or hospital can’t refuse to treat you because you are LGBTQ 
• Health insurers cannot exclude coverage for gender-affirming care 
• A health care provider that provides a type of service typically sought by members of one sex can’t deny that service to someone because they are transgender 

In addition to issuing rules setting out what the law requires, the Department of Health and Human Services Office for Civil Rights (OCR) also enforces these requirements. If you feel that you have been subjected to anti-LGBTQ discrimination in a health care setting or from a health insurance company, you can file a complaint with OCR here: Complaint Process | HHS.gov. You don’t even need a lawyer – anyone can file a complaint. But if you would like help, you can always contact NCLR’s Help Line.