Reading Room Document
Proposed HEW regulation on sex discrimination
The document is a memorandum discussing the applicability of Title IX of the Education Amendments of 1972 to school athletic activities. The conclusion reached is that Title IX is applicable to athletic activities, even if no federal funds go directly to such activities. The primary question presented for review is the meaning of "education program or activity receiving Federal financial assistance" and whether it refers to specific programs within an institution or the institution as a whole, including athletics. Additionally, the document raises questions about the types of athletic activities subject to Title IX's prohibition against sex discrimination, specifically regarding competitive athletics at the high school and college levels.
The OLC's Opinions
Opinions published by the OLC, including those released in response to our FOIA lawsuit