Legislative Alert

Letter Opposing Legislation that Would Nullify Nondiscrimination Rules in Education

Dear Representative:

On behalf of the AFL-CIO, representing 12.5 million workers and 60 affiliate unions, I urge you to oppose H.J.Res.165, the Congressional Review Act (CRA) resolution seeking to nullify the Department of Education’s recent rule on nondiscrimination in federally funded education programs. Published on April 29, 2024, this rule strengthens Title IX protections by clarifying that sex discrimination includes sex stereotypes, sex characteristics, pregnancy or related conditions, sexual orientation, and gender identity.

The Department of Education’s final rule is a critical step toward ensuring an education free from sex discrimination. This rule mandates that federally funded schools cannot discriminate based on sex, including against transgender individuals, and requires institutions of higher education to address off-campus sex discrimination affecting the educational environment. It draws on extensive feedback from students, parents, educators, and other stakeholders, ensuring it reflects the needs and concerns of the educational community.

Rejecting efforts to roll back these protections is crucial. A CRA resolution like H.J.Res.165 not only overturns these essential protections but also prohibits similar rules from being issued in the future. The rule provides full protection from sex-based harassment, requires schools to take prompt and effective action to end sex discrimination, and mandates the provision of supportive measures for those affected, including by sexual violence and other forms of harassment.

Furthermore, the rule ensures fair and transparent processes for investigating and resolving complaints of sex discrimination. It emphasizes treating complainants and respondents equitably, requires unbiased decision-makers, and supports the rights of parents and guardians to act on behalf of their minor children.

The AFL-CIO is committed to advancing gender justice through legislative advocacy, legal protections, and collective bargaining. Please stand with us in opposing H.J.Res.165 and upholding an inclusive educational environment where every student, regardless of gender identity or sexual orientation, can thrive.

Sincerely,
Jody Calemine
Director, Government Affairs