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Discrimination on the Basis of Sex

OCR enforces the following laws as they apply to recipients of HHS federal financial assistance. The following links are from the GPO Access.gov, unless otherwise noted.  Please note that those using the online version for legal research should verify their results against the printed version.

Health Programs and Activities

  • Section 1557 of the Patient Protection and Affordable Care Act (42 U.S.C. 18116), which provides that an individual shall not be excluded from participation in, be denied the benefits of, or be subjected to discrimination on the grounds prohibited under Title VI of the Civil Rights Act of 1964, 42 U.S.C. 2000d et seq. (race, color, national origin), Title IX of the Education Amendments of 1972, 20 U.S.C. 1681 et seq. (sex), the Age Discrimination Act of 1975, 42 U.S.C. 6101 et seq. (age), or Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. 794 (disability), under any health program or activity, any part of which is receiving federal financial assistance, or under any program or activity that is administered by an Executive Agency or any entity established under Title I of the Affordable Care Act or its amendments. OCR has enforcement authority with respect to health programs and activities that receive Federal financial assistance from the Department of Health and Human Services (HHS) or are administered by HHS or any entity established under Title I of the Affordable Care Act or its amendments.

Education and Health Training Programs

  • Title IX of the Education Amendments of 1972, as amended, (20 USC § 1681|PDF) prohibits discrimination on the basis of sex (gender) in federally-assisted education programs. The non-discrimination protections apply to student recruitment, admissions, educational programs (including individual courses), housing, counseling, financial and employment assistance, health and insurance benefits and services. It also covers employment practices and benefits (45 CFR Part 86).
  • Sections 794 & 855 of the Public Health Service Act (42 USC §§ 295m & 296g) prohibits discrimination on the basis of sex (gender) in federally assisted health training programs (45 CFR Part 83).

Specific Programs

  • Section 533 of the Public Health Service Act prohibits discrimination on the basis of age, race, color, national origin, disability, sex (gender), or religion in Projects for Assistance in Transition from Homelessness (42 USC § 290cc-33|PDF).
  • The Family Violence Prevention and Services Act prohibits discrimination on the basis of race, color, national origin, disability, sex (gender), or religion in programs, services, and activities funded under this Act (42 USC § 10406|PDF).
  • The Low-Income Home Energy Assistance Act of 1981 prohibits discrimination on the basis of age, race, color, national origin, disability, or sex (gender) in programs, services, and activities funded under this Act (42 USC § 8625|PDF).
  • The Communications Act of 1934, as amended by Equal Employment Opportunity provisions, prohibit employment discrimination on the basis of age, race, color, religion, national origin, or sex (gender) by Federally-funded public telecommunication entities (47 USC § 398|PDF).

Block Grants

  • Section 508 of the Social Security Act prohibits discrimination on the basis of age, race, color, national origin, disability, sex (gender), or religion in the Maternal and Child Health Services Block Grant (42 USC § 708|PDF). 
  • Section 1908 of the Public Health Service Act prohibits discrimination on the basis of age, race, color, national origin, disability, sex (gender), or religion in programs, services, and activities funded by Preventative Health and Health Services Block Grants (42 USC § 300w-7). [source: www.house.gov]
  • Section 1947 of the Public Health Service Act prohibits discrimination on the basis of age, race, color, national origin, disability, sex (gender), or religion in programs, services, and activities funded by Community Mental Health Services Block Grant and Substance Abuse Prevention and Treatment Block Grants (42 USC § 300x-57|PDF).
  • The Community Services Block Grant Act prohibits discrimination on the basis of age, race, color, national origin, disability, or sex (gender) in programs, services, and activities funded under this Act (42 USC § 9918|PDF).