Case 3:17-cv-00739-TJC-JBT Document 192 Filed 07/26/18 Page 65 of 70 PageID 10743
at 175 (explaining that “broad” language of Title IX evidenced Congress’ intent to give the statute a “broad reach”).[1]
Adams has proven a Title IX violation because the School Board, a federally funded institution, prohibits Adams, a transgender boy, from using the boys’ restroom “on the basis of sex,” which discrimination caused him harm.
III. Remedy
Having found that the School Board’s bathroom policy violates Adams’ rights under the Equal Protection Clause and Title IX, the Court must now consider the remedy. In his proposed findings of fact and conclusions of law, Adams has narrowed the scope of his requested injunctive relief from that requested in his amended complaint, and seeks to permanently enjoin the School Board “from enforcing any
- ↑ The School Board argues the Court’s reliance on Title VII to inform the meaning of Title IX is misplaced because the Attorney General recently issued guidance rejecting an interpretation of “sex” to include “gender identity” in Title VII cases. See Doc. 152, Def. Ex. 248 (October 4, 2017 Attorney General Memorandum). But the EEOC, the agency responsible for the enforcement of Title VII, has acknowledged the Attorney General’s contrary view and still maintains its position that Title VII prohibits discrimination based on gender identity. See https://www.eeoc.gov/eeoc/newsroom/wysk/enforcement_protections_lgbt_workers.cfm (last visited July 25, 2018). Moreover, the Attorney General’s position is based on an analysis of precedent that is contrary to Glenn and other authorities cited above. See also Oncale v. Sundowner Offshore Servs., Inc., 523 U.S. 75, 79 (1998) (Scalia, J., for the unanimous court) (holding Title VII covered same-sex harassment, explaining “statutory prohibitions often go beyond the principal evil to cover reasonably comparable evils, and it is ultimately the provisions of our laws rather than the principal concerns of our legislators by which we are governed”). The Attorney General’s October 4, 2017 Memorandum does not persuade the Court to change course.
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