Download This PaperTitle IX and 'Menstruation or Related Conditions'
30 Michigan Journal of Gender & Law 25
Virginia Public Law and Legal Theory Research Paper No. 2022-66
University of Baltimore School of Law Legal Studies Research Paper Forthcoming
38 Pages Posted: 22 Sep 2022 Last revised: 16 Aug 2023
Date Written: September 12, 2022
Abstract
Title IX protects against sex-based discrimination and harassment in covered education programs and activities. The Biden Administration's recently proposed Title IX regulations do not, however, include discrimination on the basis of menstruation or related conditions as a form of discrimination based on sex. This comment on the proposed regulations explains why the regulations should include conditions related to menstruation and recommends changes for how to do so.
Keywords: gender, menstruation, menopause, Title IX, education law, sex discrimination, sexual harassment
Suggested Citation: Suggested Citation
Naomi R. Cahn
University of Virginia School of Law ( email )
580 Massie Road
Charlottesville, VA 22903
United States