Monday, October 22, 2018

HHS Proposes New Policy on Sex Discrimination

The New York Times got its hands on a memo suggesting the Department of Health and Human Services was considering a definition of sex for Title IX purposes to be determined by genetics. Per the Times:

“Sex means a person’s status as male or female based on immutable biological traits identifiable by or before birth,” the department proposed in the memo, which was drafted and has been circulating since last spring. “The sex listed on a person’s birth certificate, as originally issued, shall constitute definitive proof of a person’s sex unless rebutted by reliable genetic evidence.”
This is problematic for a number of reasons: What of people who do not conform genetically to this binary conception of sex? What of people who have already undergone sexual reassignment surgery? Do people really face discrimination on the basis of what's on their original birth certificate?

If and when this new policy is put into effect, it will be at least the 3rd department to do so, following the Department of Defense and the Department of Education.