Title IX and "Menstruation or Related Conditions"

Authors

Marcy L. Karin, University of the District of Columbia David A. Clarke School of LawFollow
Naomi Cahn, University of Virginia School of LawFollow
Elizabeth B. Cooper, Fordham University School of LawFollow
Bridget J. Crawford, Elisabeth Haub School of Law at Pace UniversityFollow
Margaret E. Johnson, University of Baltimore School of LawFollow
Emily Gold Waldman, Elisabeth Haub School of Law at Pace UniversityFollow

Document Type

Article

Publication Title

Michigan Journal of Gender & Law

Volume

30

Publication Date

2023

Keywords

gender, menstruation, menopause, Title IX, education law, sex discrimination, sexual harassment

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.

Recommended Citation

Marcy L. Karin, Naomi Cahn, Elizabeth B. Cooper, Bridget J. Crawford, Margaret E. Johnson, and Emily Gold Waldman, Title IX and "Menstruation or Related Conditions", 30 Mich. J. Gender & L. 25 (2023)
Available at: https://ir.lawnet.fordham.edu/faculty_scholarship/1316