by Laura Miller*
In analysis of the COVID-19 pandemic, many articles have been written on how this pandemic has uniquely impacted women, in terms of unemployment rates, childcare burdens, and caretaking, reducing the proportion of women in the workforce to levels not seen since 1988. However, the disparate impact of the COVID-19 pandemic on women extends beyond the workplace and home. At some universities the reopening of intercollegiate athletics in Fall 2020 has impacted gender parity in varsity athletic competitions in parallel to the losses of opportunities for women within the workplace.
In reopening Fall sports in 2020, many schools, such as those within the Big Ten and Pac-12 collegiate athletic conferences likely violated Title IX of the Education Amendments of 1972, which bars discrimination on the basis of sex within education programs. Title IX compliance requires the provision of equivalent athletic opportunities substantially proportional to the student body enrollment of a particular sex as the first part of the Three-Part Test. Universities within these two conferences, among others, opened Fall 2020 intercollegiate varsity athletic competition to male athletes through football, ice hockey, and men’s basketball competition, while opening only one women’s sport, women’s basketball, during this same period. Given that women were not provided equivalent athletic opportunities substantially proportionate to their enrollment ratio within these universities, these athletic programs likely violated Title IX.
In March of 2020, the SARS-COVID-2 virus spread, and a global pandemic was declared by the World Health Organization. In the United States, local infection rates and responses varied, however nearly all undergraduate university institutions ceased or severely limited in-person operations, leading to the cancellation of Spring 2020 sports competitions and national championships out of safety concerns.
In August 2020, the pandemic outlook was uncertain. Each school established its own protocols and policies on how to handle the fall semester. Regional sports conferences disagreed on how to handle intercollegiate sports competitions for the fall 2020 and spring 2021 terms. The NCAA postponed all championship games for the 2020-2021 academic year to be held in spring 2021 and enacted a policy leaving it up to individual universities as to when to play qualifying games throughout the year.
Some schools either cancelled or resumed intercollegiate competition in a manner which provided opportunities for both male and female athletes in approximately similar proportions to their respective school’s undergraduate student body at large. However, two of the most well-known sports conferences, the Big Ten and the Pac-12 have not provided access to athletic opportunities to both male and female athletes in a similar manner:
In August 2020 the Big Ten and Pac-12, first announced that all fall sports competition would be cancelled due to safety concerns. However, after pressure from former President Trump, coaches, athletes, and fans, the Big Ten Conference hurriedly gathered a task force on reopening fall sports. In September 2020, the Big Ten reversed course, and the task force decided by a unanimous vote of university presidents of member schools to reopen only one sport, football. Unlike other conferences, the taskforce did not create plans to open any other sport open to non-male players during the fall 2020 season. The Big Ten later reopened men’s ice hockey and both the Big Ten and Pac-12 reopened men and women’s basketball beginning in November, 2020. The four Big Ten schools that have women’s ice hockey teams reopened this sport along with men’s ice hockey.
APPLYING TITLE IX TO THE BIG TEN AND PAC-12 FOR FALL 2020
Universities, like those in the Pac-12 and Big Ten conferences, that chose to allow only football, a male sport to have a full fall 2020 season, along with a limited portions of the ice hockey and basketball seasons, appear likely to have violated Title IX in doing so. Title IX requires that universities provide equivalent athletic opportunities to student athletes proportionate to the gender composition of the student body at large. By fully reopening one male sport (football), and partially reopening another (men’s basketball) while partially reopening only one female sport (women’s basketball) it is clear that many universities did not provide enough opportunities for female athletes compared to those offered to male athletes to comply with the ratio required by Title IX. Conversely, schools that reopened multiple sports open to all genders simultaneously, or those that cancelled all sports, operated in a manner consistent with Title IX’s requirements.
Title IX and Athletics
In drafting Title IX Education Amendments of 1972, and the subsequent Restoration Act of 1987, Congress aimed to eliminate discrimination on the basis of sex within education institutions, including the sports programs of these institutions. Since 1979, the Department of Education has promulgated rules outlining guidance how to apply Title IX to athletics. In 1979 the Department of Education OCR issued regulation 34 C.F.R. § 106.41(c) outlining a 10-part list of elements to consider when determining whether discrimination exists within athletics:
- Whether the selection of sports and levels of competition effectively accommodate the interests and abilities of members of both sexes;
- The provision of equipment and supplies;
- Scheduling of games and practice time;
- Travel and per diem allowance;
- Opportunity to receive coaching and academic tutoring;
- Assignment and compensation of coaches and tutors;
- Provision of locker rooms, practice and competitive facilities;
- Provision of medical and training facilities and services;
- Provision of housing and dining facilities and services;
That same year, the Department of Education issued a “Intercollegiate Athletics Policy Interpretation Policy” explaining how compliance with the 34 C.F.R. § 106.41(c)(1), the section covering effective accommodation, could be analyzed with a three-part test, offering safe harbor options for compliance. To comply, a university must meet at least one of the three prongs:
- Whether intercollegiate level participation opportunities for male and female students are provided in numbers substantially proportionate to the respective enrollments; or
- Where the members of one sex have been and are underrepresented among intercollegiate athletes, whether the institution can show a history and continuing practice of program expansion which is demonstrably responsive to the developing interest and abilities of the members of that sex; or
- Where the members of one sex are underrepresented among intercollegiate athletes, and the institution cannot show a continuing practice of program expansion such as cited above, whether it can be demonstrated that the interests and abilities of the members of the sex have been fully and effectively accommodated by the present program.
Since its issuance in 1979, the Three-Part Test has been cited in numerous Title IX court opinions, guiding judicial interpretation of the law regarding both intercollegiate and secondary education athletics.
Title IX Compliance and Intercollegiate Athletic Competition During the Covid-19 Pandemic
Did universities within the Big Ten and Pac-12 conferences violate Title IX during the Fall 2020 academic term? Based on analysis of 34 C.F.R. § 106.41(c), it seems likely that universities within these conferences could be found in violation of Title IX.
Equal Treatment: Significant Elements of 34 C.F.R. § 106.41(c)(2-10) in Assessing Compliance
In looking at the list of 10 elements of 34 C.F.R. § 106.41(c) to assess whether sports programs treated students of all genders equally in the quality of sports opportunities provided, 34 C.F.R. § 106.41(c)(3), the scheduling of games and practice times; is the most significant. Intercollegiate games were disproportionately allocated to male students over female students during the fall 2020 semester for schools within the Big Ten and Pac-12. Using the University of Michigan, a Big Ten school, as an illustrative example, only one female sport women’s basketball (roster 14 players) had a partial season by the end of the fall term, while one male sport, football (roster size 132 players) had a full competition season, and two other male sports, men’s basketball (roster size 17 players) and men’s ice hockey (roster size 28 players)had partial competition seasons completed by the end of the fall term. For the University of Michigan, 177 male athletes were offered the opportunity to participate in varsity sport intercollegiate competition games, while only 14 female athletes were afforded this opportunity.
Given the game scheduling disparity, element ten, publicity, is also implicated as a potential area of compliance difficulty for the universities within the Big Ten and Pac-12. While football had a full season in fall 2020, and frequent publicity opportunities throughout the season, with an audience undivided by any other sport, no women’s sport received similar publicity and attention, nor will this be possible in Spring, 2021, as women’s sports are set to compete in an overlapping and compressed season timelines.
Effective Accommodation: 34 C.F.R. § 106.41(c)(1) and Three-Part Test Assessment
Using the Three-Part Test to assess Big Ten and Pac-12 university Title IX compliance with 34 C.F.R. § 106.41(c)(1) (effective accommodation) for the fall 2020 semester, the first prong of the Three-Part Test, (substantial proportionality of opportunity compared with student enrollment) is the most relevant portion for compliance assessment. At least one prong of the test must be satisfied in order to comply with Title IX’s antidiscrimination mandate. Due to the unique challenges posed by the COVID pandemic, the second prong (history of continued expansion) and the third prong (fully meeting interests and abilities within the student body) are not possible to meet, due the reduction of sports competitions for Fall 2020, and therefore cancellation or postponement of varsity sports like volleyball and women’s soccer for which there is significant interest and ability from female athletes.
To comply with the first proportionality prong of the Three-Part Test, a university must offer athletic opportunities to students approximately in proportion to the gender ratio within the student body at large. In the early 1990’s Cohen v. Brown University established that an eleven percentage point differential between the ratio of female students to female student athletes is a clear violation of Title IX. In 2012 this threshold was further narrowed by the Biediger v. Quinnipac University case which established a 3.62% disparity as sufficient to show violation of 34 C.F.R. § 106.41(c)(1). Most undergraduate institutions within the Big Ten and Pac-12 have undergraduate student bodies with close to equal ratios of men and women enrolled, though there is some variation. During the fall 2020 semester no school within the Big Ten or Pac-12 offered intercollegiate varsity athletic opportunities to female athletes proportionate to undergraduate enrollment ratios, the smallest disparity was 60%, while the largest was 88%:
Seasonal Analysis v. Yearly Analysis of Compliance
Universities within the Big Ten and Pac-12 could assert that their sports programs do not violate Title IX if assessed on a yearly rather than seasonal semester-by-semester basis. Their varsity sports offerings for the spring 2021 semester for female athletes could offset the imbalance of opportunities afforded during the fall term. Although this argument does have merit, it is yet unclear whether or not it would be possible for these universities to hold competitive intercollegiate athletic competition, given the nation-wide surge in Covid-19 cases in early January 2021. For example, as of January 30, 2021 the University of Michigan has paused all athletic activities due to concern about the spread of new, more virulent, Covid-19 variants, and placed all varsity athletic programs in quarantine for fourteen days. Furthermore, given that numerous other comparable university athletic programs crafted fall 2020 athletic program policies largely in compliance with Title IX, there may be incentive to highlight the large-scale negligence in compliance with Title IX law by the Big Ten and Pac-12 universities which may be seen as a careless or gratuitous policy violations.
Even if additional Spring 2021 sports programming were to offset sport opportunity imbalances within the Big Ten and Pac-12 programs during the fall 2020 term, a yearly analysis of the programs may still find these universities to be in violation of the law. Title IX case precedent, interpreting 34 C.F.R. § 106.41(c)(3), the scheduling of games and practice times, has established that both weekly and seasonal variation in scheduling between men’s and women’s sports, can constitute a violation of Title IX, particularly when women’s sports are scheduled at non-traditional seasons (Cmtys. For Equity v. Mich. High Sch. Ath. Ass’n.)or times of year (McCormick v. Sch. Dist. Of Mamaroneck) or times less convenient for audience participation (Parker v. Franklin County Cmty. Sch. Corp.) In scheduling all traditional fall women’s sports like volleyball during the spring semester, and in scheduling women’s sports in a manner which overlaps sports in an inconvenient manner for both athlete participation audience enjoyment, not faced by male athletes in football, the Big Ten and Pac-12 schools may be found in violation of Title IX similarly to as in these past cases.
In a yearly analysis, the Pac-12 and Big Ten reopening of football, ahead of any other sport, could also be potentially considered a violation of Title IX’s equivalent athletic opportunity mandate. Although Title IX compliance is assessed on a programmatic basis rather than sport-by-sport, reopening one large-roster male sport before all other sports could potentially be considered as the award of a unique game and practice opportunity to male athletes, of a higher quality, not afforded to female athletes- thereby coming into conflict with 34 C.F.R. § 106.41(c)(3) and not effectively accommodating student access to opportunities under 34 C.F.R. § 106.41(c)(1). This would be the seasonal equivalent to a pre-season scenario outlined in the NCAA’s Title IX handbook as an illustration of a scheduling violation, “If the football team is the only program brought back early, the fact that there is no like program will not excuse the schools’ decision to bring back members of one sex and not the other.” The seasonal reopening of football without the similar reopening of a women’s sport in September, 2020 by the Big Ten and Pac-12 conferences warrants Title IX compliance examination, as would be done for a pre-season scheduling disparity of this type.
In responding to the COVID-19 pandemic, universities took a variety of approaches to offering athletic opportunities to students. Many university athletic conferences selected policies which attempted to impact male and female student athletic opportunities in a similar manner. However, under both seasonal and annual analyses examining Title IX compliance, universities within the Big Ten and Pac-12 likely violated Title IX by not providing equivalent opportunities for male and female athletes in scheduling of games and practice times, and by not providing proportional athletic opportunities to female students. Whether or not an actual violation will be found would be determined by any potential investigations by the US Department of Education OCR, individual student lawsuits, and potential class action lawsuits challenging the policies as enacted in fall 2020 and spring 2021. The new Biden administration is more likely to take Title IX violations and investigations seriously than the prior Trump administration, not only as related to discrimination against women, but towards people of all gender identities. On January, 20th, 2021, President Biden issued an “Executive Order on Preventing and Combating Discrimination on the Basis of Gender Identity or Sexual Orientation” specifically mentioning Title IX, and mandating the head of each executive agency to take action to enforce prohibitions against sex discrimination on the basis of gender identity or sexual orientation.Aside from any potential technical Title IX violation, the continued prioritization of the reopening of men’s intercollegiate sports activities ahead of women’s intercollegiate sports activities indicates that issues of bias against women during the Covid-19 pandemic merit further examination within higher education.
*Laura Miller is a Junior Editor with MJEAL. They can be reached at email@example.com.
 See COVID-19 and Its Economic Toll on Women: The Story Behind the Numbers, UN Women (Sept. 16, 2020), https://www.unwomen.org/en/news/stories/2020/9/feature-covid-19-economic-impacts-on-women; Nicole Bateman & Martha Ross, Why Has COVID-19 Been Especially Harmful for Working Women?, The Brookings Institution (Oct. 2020), https://www.brookings.edu/essay/why-has-covid-19-been-especially-harmful-for-working-women; Pallavi Gogoi, Stuck-At-Home Moms: The Pandemic’s Devastating Toll on Women, Npr (Oct. 28, 2020, 7:01 AM), https://www.npr.org/2020/10/28/928253674/stuck-at-home-moms-the-pandemics-devastating-toll-on-women.
 20 U.S.C. § 1681
34 C.F.R. Part 106. The substantial proportionality component of Title IX has been established by the Department of Education as the first component of the “Three-Part Test”, the Department of Education Policy Interpretation guidance on how to apply Title IX to athletics:
1. Whether intercollegiate level participation opportunities for male and female students are provided in numbers substantially proportionate to the respective enrollments; or
2. Where the members of one sex have been and are underrepresented among intercollegiate athletes, whether the institution can show a history and continuing practice of program expansion which is demonstrably responsive to the developing interest and abilities of the members of that sex; or
3. Where the members of one sex are underrepresented among intercollegiate athletes, and the institution cannot show a continuing practice of program expansion such as cited above, whether it can be demonstrated that the interests and abilities of the members of the sex have been fully and effectively accommodated by the present program.
44 Fed. Reg. 71413, 71418 (Dec. 11, 1979) (“Three-Part Test”). This three-part test has become a well-established standard relied upon in judicial opinions regarding Title IX and athletics. In this article I do not go into a detailed examination of the second and third prongs of the Three-Part Test because prongs 2 and 3 do not appear to be possible during the COVID-19 pandemic. Schools are struggling to keep sports programs open, and are not a position to expand any sports opportunities while it remains a struggle to keep existing sports in operation. See: Cohen v. Brown Univ., 101 F.3d 155.; Equity in Ath., Inc. v. Dep’t of Educ., 639 F.3d 91.; Mayerova v. E. Mich. Univ., 346 F. Supp. 3d 983.; Matt Marshall, Daniel Arkin & Kanwal Syed, College Sports Cuts in the Wake of Covid-19 Are Clouding the Future of Olympics Participation, NBC News (Oct. 17, 2020, 5:00 AM), https://www.nbcnews.com/news/sports/college-sports-cuts-wake-covid-19-are-clouding-future-certain-n1243803.
Note: the four Big Ten Universities with women’s ice hockey teams also reopened this sport, some Pac-12 women’s sports, like Stanford and U.C. Berkeley’s women’s swimming and diving, held non-scoring intercollegiate meets in fall, 2020 before sports officially reopened for intercollegiate competition. Cal Athletics, 2020-21 Women’s Swimming & Diving Schedule, https://calbears.com/sports/football/schedule/2020(last visited Feb. 19, 2021).; Cal Athletics, 2020 Football Schedule, Cal Athletics https://calbears.com/sports/football/schedule (last visited Feb. 19, 2021) Big Ten Conference; Composite Schedule, 08/01/2020-01/31/2021, All Sports, All Schools, Bighttps://bigten.org/calendar.aspx?path=FB&season=2020 (last visited Feb. 19, 2021). ;College Hockey Inc., 2020-21 Big Ten Schedule [Ice Hockey], College Hockey Inc.,http://collegehockeyinc.com/conferences/big-ten/schedule21.php (last visited Feb. 19, 2021); USCHO, Women’s Division I Hockey 2020-2021 Schedule and Results- Composite Schedule, https://www.uscho.com/scoreboard/division-i-women/2020-2021/composite-schedule/ (last visited Feb. 19, 2021).;
 World Health Organization, Listings of WHO’s Response to COVID-19, World Health Organization, https://www.who.int/news/item/29-06-2020-covidtimeline (last updated Dec. 28, 2020).
 Chris Quintana, ’The Virus Beat Us’: Colleges Are Increasingly Going Online for Fall 2020 Semester as COVID-19 Cases Rise, USA Today, https://www.usatoday.com/story/news/education/2020/07/29/covid-college-fall-semester-2020-reopening-online/5530096002/ (last updated July 29, 2020).
 Within the Big Twelve Conference, two sports were reopened to intercollegiate traveling competitions: volleyball, a female sport, and football, a male sport, Big 12 Conference, Big 12 Conference Homepage, Big 12 Conference, https://big12sports.com/ (last visited Jan. 4, 2021). Within the SEC Conference, football, volleyball, women’s soccer, swimming and diving all opened for the fall semester. The Southeastern Conference, The Southeastern Conference Homepage, The Southeastern Conference, https://www.secsports.com/ (last visited Jan. 4, 2021). Within the ACC Conference, essentially all sports were reopened, with football, volleyball, men and women’s soccer, field hockey, and cross country all open for intercollegiate competition (The Atlantic Coast Conference, ACC Sports Homepage, The Atlantic Coast Conference, https://theacc.com (last visited Jan. 4, 2021). The Big Sky Conference cancelled all fall sports, and plans to host all games and championships, including football, in the spring The Big Sky Conference, BIG SKY UNVEILS 2021 SPRING FOOTBALL SCHEDULE, The Big Sky Conference, https://bigskyconf.com/news/2020/11/3/big-sky-unveils-2021-spring-football-schedule.aspx (last updated Nov. 4, 2020). The Ivy League conference cancelled all fall sports intercollegiate competition, all winter competition, and has postponed spring sports competition. Mirna Alsharif, Ivy League Sports Competitions Canceled for Fall and Winter, CNN, https://www.cnn.com/2020/11/12/us/ivy-league-winter-sports-canceled/index.html (last updated Nov. 12, 2020).
 Emily Giambalvo, Big Ten Cancels Fall Football Season, The Washington Post (Aug. 11, 2020, 3:02 PM), https://www.washingtonpost.com/sports/2020/08/11/big-ten-cancels-fall-college-football-season/;
Adam Rittenberg et al., Pac-12 Postpones All Sports Through End of Year, Espn (Aug. 11, 2020), https://www.espn.com/college-football/story/_/id/29640603/sources-pac-12-calls-fall-sports-eyes-spring.
 Cindy Boren, Trump Claims Big Ten Football Was ‘Totally Dead’ Before He Intervened, The Washington Post (Sept. 17, 2020, 11:54 AM), https://www.washingtonpost.com/sports/2020/09/17/trump-big-ten-football/; Reuters Staff, Big Ten to Start Its College Football Season Next Month, Reuters News Agency (Sept. 16, 2020), https://www.reuters.com/article/us-health-coronavirus-ncaa/big-ten-to-start-its-college-football-season-next-month-idUSKBN2672E7.
 Big Ten Conference, Return to Competition Task Force Overview, The Big Ten Conference, https://bigten.org/sports/2020/8/30/GEN_0830205918.aspx (last visited Jan. 30, 2021).
 The Big Ten Conference, The Big Ten Conference Adopts Stringent Medical Protocols; Football Season to Resume October 23-24, 2020, Big Ten Conference (Sept. 16, 2020, 9:12 AM)., https://bigten.org/news/2020/9/16/the-big-ten-conference-adopts-stringent-medical-protocols-football-season-to-resume-october-23-24-2020.aspx.
 Big Ten Conference, 2020-21 Men’s Hockey Schedules and Results, Big Ten Conference, https://bigten.org/sports/2020/11/5/HKY_SKED.aspx (last visited Jan. 4, 2021), University of North Dakota, 2020-21 HOCKEY SCHEDULE, University of North Dakota, https://und.com/sports/mhockey/schedule/ (last visited Jan. 4, 2021).
Big Ten Conference, Men’s Basketball Composite Schedule 2020-21, Big Ten Conference, https://bigten.org/calendar.aspx?path=mbball (last visited Jan. 4, 2021).
, Pac-12 Conference, Men’s Basketball Schedules & Scores, Pac-12 Conference, https://pac-12.com/mens-basketball/schedule (last visited Jan. 4, 2021).
 Big Ten Conference, Women’s Basketball Schedules and Results, Big Ten Conference, https://bigten.org/calendar.aspx?path=wbball (last visited Jan. 4, 2021).
, Pac-12 Conference, Women’s Basketball Schedules & Scores, Pac-12 Conference, https://pac-12.com/womens-basketball/schedule (last visited Jan. 4, 2021).
 Rep. Edith Green (D., Oregon) who co-authored Title IX with Rep. Patsy Mink (D., Hawaii) had in mind from the time of the legislative drafting, that Title IX would cover sports, and could have significant impact. Bernice Resnick Sandler, Title IX: How We Got It and What a Difference it Made, 55 Clev. St. L. Rev. 473, 476 (2007). available at https://engagedscholarship.csuohio.edu/clevstlrev/vol55/iss4/4.
 34 C.F.R. § 106.41(c).
 Biediger v. Quinnipiac Univ., 691 F.3d 85, 92.
 44 Fed. Reg. 71413, 71423.
See: Biediger v. Quinnipiac Univ., 928 F. Supp. 2d 414.; Cohen v. Brown Univ., 809 F. Supp. 978.; Roberts v. Colorado State Bd. of Agric., 998 F.2d 824.; Berndsen v. N.D. Univ. Sys., 395 F. Supp. 3d 1194.; Chalenor v. Univ. of N.D., 291 F.3d 1042.
 University of Michigan, 2020-21 Women’s Basketball Roster, University of Michigan, https://mgoblue.com/sports/womens-basketball/roster (last visited Jan. 4, 2021).
 University of Michigan, 2020 Football Roster, University of Michigan, https://mgoblue.com/sports/football/roster (last visited Jan. 4, 2021).
 University of Michigan, 2020-21 Men’s Basketball Roster, University of Michigan, https://mgoblue.com/sports/mens-basketball/roster (last visited Jan. 4, 2021).
 University of Michigan, 2020-21 Ice Hockey Roster, University of Michigan, https://mgoblue.com/sports/mens-ice-hockey/roster (last visited Jan. 4, 2021).
 University of Michigan, Michigan Athletics Composite Calendar, University of Michigan, https://mgoblue.com/calendar (last visited Jan. 4, 2021).
 Cohen v. Brown University. 101 F.3d 155 (1st Cir. 1996).
 Biediger v. Quinnipiac Univ., 691 F.3d 85, 95.
 See Figures 1, 2, 3, and 4, infra; Big Ten: Enrollment Ratios of Men and Women Undergraduate Students and Big Ten: Enrollment Ratios of Men and Women Undergraduate Students. Source for charts is data collected from US News and World Report for 2020: https://www.usnews.com/best-colleges
 Roster data used to calculate athletic opportunity ratios for each university program sourced from each university’s athletics website roster listings for each sport. Undergraduate enrollment for gender ratio for each university in 2020 referenced from US News and World Report, see: https://www.usnews.com/best-colleges
 With COVID-19 Variant Positives, Michigan Pauses Athletics, AP News (Jan. 24, 2021), https://apnews.com/article/mens-tennis-basketball-health-michigan-coronavirus-pandemic-7956cebb173e0b9415ab0cfd015a1473.
 See: Communities for Equity v. Michigan High Sch. Athletic Ass’n, 459 F.3d 676 (6th Cir. 2006).; McCormick v. Sch. Dist. of Mamaroneck, 370 F.3d 275, 2004 U.S. App. LEXIS 10991.; Parker v. Franklin County Cmty. Sch. Corp., 667 F.3d 910, 2012. fix these citations – shouldn’t all be underlined and check for other errors.
 Janet Judge et al., Equity and Title in Intercollegiate Athletics: A Practical Guide for Colleges and Universities, NCAA, 30, http://www.ncaapublications.com/productdownloads/EQTI12.pdf (last visited Jan. 4, 2021).
 Exec. Order No. 13988, Preventing and Combating Discrimination on the Basis of Gender Identity or Sexual Orientation, 86 F.R. 7023. (January 20, 2021), https://www.federalregister.gov/documents/2021/01/25/2021-01761/preventing-and-combating-discrimination-on-the-basis-of-gender-identity-or-sexual-orientation.