Luna Lamy

Title IX and Dress Codes

Title IX is the protection of discrimination based on sex in dress codes. A lot of public schools have dress codes that specifically state what gender can wear a certain item of clothing. If there is an allegation of sexual discrimination in the education system, which includes sexual harassment, sexual violence, stalking, and quid pro quo harassment (this for that.) Schools must perform an investigation of that allegation, and impose the necessary disciplinary measures. The U.S. Government Accountability Office (GAO) has estimated that out of the 93% of school districts with a dress code, over 90% of them have rules or codes that target clothing worn by females.

The big question is though: Can a public (charter) school’s policy on gendered dress code violate Title IX? The Fourth Circuit Court of Appeals says yes. A parent of a Kindergartener filed a suit against Charter Day School for a violation of Title IX, since they have a dress code stating what gender can wear what. The District Court said no, but the Fourth Circuit Court says yes and sent it back to the lower court for reconsideration. All in all, the Court ruled that there is no ambiguity in the interpretation of Title IX, and dress codes are not excluded from Title IX protections.

Today, schools have explicit things that they can and can’t do when it comes to the dress codes. For example, schools cannot apply one gender to wear/do one thing to their appearance, but not the other gender. In summary, students must be allowed to wear clothing that conforms to their gender identity without being discriminated.