NONDISCRIMINATION 

ON THE BASIS OF SEX 

IN FEDERALLY 

ASSISTED 

PROGRAMS
2 Protecting People and the Environment

NONDISCRIMINATION ON 

THE BASIS OF SEX IN 

FEDERALLY ASSISTED 

PROGRAMS 

This brochure explains the requirements of various 

statutes that prohibit discrimination on the basis of sex 

in programs that receive Federal financial assistance, 

and describes how individuals can file complaints of 

discrimination when they believe their rights under 

these laws have been violated.

What are the civil rights statutes 

that prohibit discrimination on the 

basis of sex in federally assisted 

programs?

Title IX of the Education Amendments of 1972, 

as amended, 20 U.S.C. § 1681 et seq. (“Title IX”), 

is the landmark civil rights statute that prohibits 

discrimination on the basis of sex in federally assisted 

education programs. Title IX is a “cross-cutting” 

civil rights statute because it applies governmentwide 

to all educational programs (with certain statutory 

exceptions) for which the Federal government provides 

assistance.

Other Federal laws (known as “program statutes”) 

also contain civil rights provisions that prohibit 

discrimination on the basis of sex. The coverage of 

these nondiscrimination provisions often is broader 

than Title IX’s because they include all federally 

assisted programs, not just federally assisted education 

programs. However, the nondiscrimination provisions 

of these program statutes also are more limited in 

scope than Title IX’s, because they apply only to 

programs funded under the specific statutes, not 

governmentwide to the whole universe of federally 

assisted programs. 
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What do the terms “Federal 

financial assistance” and 

“federally assisted education 

programs” mean?

The most familiar forms of “Federal financial 

assistance” are grants or cooperative agreements 

involving the award of Federal funds to “recipients” to 

undertake activities and to provide goods, services, and 

benefits to “beneficiaries.” 

Recipients of Federal financial assistance include 

state and local governments, private entities, and 

individuals. Recipients can receive assistance directly 

from a Federal agency, or through an intermediary. For 

example, when the Department of Health and Human 

Services awards a block grant to a state, which in turn 

awards a “subgrant” to a town for a community health 

care services and prevention project. Beneficiaries 

are the individuals and/or the entities that directly or 

indirectly receive an advantage from the operation of a 

federally assisted program. 

Examples of “federally assisted education programs” 

include, but are not limited to: grants by the 

Department of Education to state and local education 

departments and school districts to operate facilities 

and offer programs of study; National Science 

Foundation awards to universities, individual 

researchers, and professional associations and private 

businesses, to conduct seminars for science teachers to 

improve curricula and the quality of instruction; and 

Department of Labor grants to private/government 

partnerships to provide job training for unemployed 

young adults.

However, Federal financial assistance also assumes 

non-monetary forms. Examples include, but are not 

limited to: property or services obtained at below 

market value or no cost, such as Federal surplus 

property from the General Services Administration 

and the Department of Defense, for use in a lowincome area community center; and no-cost training 
4 Protecting People and the Environment

by the Department of Justice for state and local law 

enforcement officers at the FBI Academy.

Because Title IX prohibits 

discrimination on the basis 

sex only in federally assisted 

education programs, does Title 

IX apply only to educational 

institutions? 

No. Title IX clearly is associated with educational 

institutions, where its impact has been significant 

in opening up academic, occupational, and athletic 

opportunities for women. Fifty state education 

agencies, approximately 16,000 local school districts, 

3,200 colleges and universities, and 10,000 proprietary 

institutions receive Federal financial assistance from 

the Department of Education (as well as from other 

agencies). Therefore, all of their programs are covered 

by Title IX. 

However, many entities that are not educational 

institutions, such as libraries and museums, also carry 

out federally assisted education and training programs. 

Other examples include state and local government 

agencies whose primary purpose is not educationrelated, community organizations, professional and 

non-profit associations, and private businesses. These 

recipients also are covered by Title IX.

What kinds of sex discrimination 

does Title IX prohibit?

Title IX states that: “No person in the United 

States shall, on the basis of sex, be excluded from 

participation in, be denied the benefits of, or be 

subjected to discrimination under any education 

program or activity receiving Federal financial 

assistance...” Title IX prohibits a recipient from 

discriminating on the basis of sex in admissions, 

recruitment, financial aid, academic programs, student 
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treatment and services, counseling and guidance, 

discipline, classroom assignment, grading, vocational 

education, recreation, physical education, athletics, 

housing, and employment. The Supreme Court also 

has concluded that sexual harassment violates Title IX. 

Franklin v. Gwinnett County Pub. Sch., 503 U.S. 60 

(1992).

Is employment discrimination on 

the basis of sex also prohibited in 

federally assisted programs?

Title IX prohibits discrimination on the basis of sex 

in employment as well as in the delivery of services, 

although these prohibitions apply only to federally 

assisted education programs. 

Most of the program statutes containing 

nondiscrimination provisions that prohibit 

discrimination on the basis of sex also cover 

employment-based discrimination as well as servicesbased discrimination. These nondiscrimination 

provisions are not limited to federally assisted 

education programs.

It is important to remember that complaints of 

employment discrimination in federally assisted 

programs most likely also will be covered by Title 

VII of the Civil Rights Act of 1964. Title VII is 

the major Federal civil rights statute that addresses 

employment discrimination. It is enforced by the 

Equal Employment Opportunity Commission (EEOC). 

Generally, individual complaints of employment 

discrimination on the basis of sex will be investigated 

by the EEOC. 
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How can I file a complaint of 

discrimination on the basis of 

sex?

If you believe that you or others have been 

discriminated against on the basis of sex by a recipient 

of Federal financial assistance, you may file a 

complaint with the Federal agency that provides funds 

for the program where you believe the discrimination 

is occurring. If you cannot determine the funding 

agency, or if you want more information, you can 

contact the:

Coordination and Review Section

Civil Rights Division

U.S. Department of Justice

P.O. Box 66560

Washington, D.C. 20035-6560

Toll-free telephone and TDD: 1(888)848-5306 

Webpage: http://www.usdoj.gov/crt/cor

Your complaint should contain: your name, address, 

and telephone number; the name and address of 

the agency, institution, or department you believe 

discriminated against you; how, why, and when you 

believe you were discriminated against, including as 

much information as possible about the alleged acts of 

discrimination, and the names of the individuals whom 

you allege discriminated against you, if known; and the 

names of any persons, if known, that the investigating 

agency could contact for additional information to 

support or clarify your allegations.
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What will the Federal agency do 

with my complaint?

The agency receiving the complaint will review it 

to determine whether the agency has jurisdiction 

to investigate the allegations raised. Each agency’s 

procedures are different, but an agency generally will 

investigate your allegations and attempt to resolve 

violations it finds. If negotiations to correct violations 

are unsuccessful, enforcement proceedings may be 

instituted. 

What if someone retaliates against 

me for filing a complaint? 

It is against the law to retaliate against any person 

(or organization) because he or she opposed an 

unlawful policy or practice, or made charges, testified, 

or participated in any complaint action under the 

nondiscrimination provisions covering programs of 

Federal financial assistance. If you believe that you 

have been retaliated against, you should immediately 

contact the appropriate Federal funding agency or the 

Department of Justice.
NUREG/BR-0460

September 2009