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Providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Food and Nutrition Service relating to "Application of Bostock v. Clayton County to Program Discrimination Complaint Processing-Policy Update".
12/15/2023, 3:52 PM
Summary of Bill HJRES 92
The Bostock v. Clayton County case was a landmark Supreme Court decision that ruled that discrimination based on sexual orientation or gender identity is a form of sex discrimination prohibited by Title VII of the Civil Rights Act of 1964. The rule submitted by the Food and Nutrition Service seeks to apply the principles of this case to the processing of discrimination complaints within their programs.
However, Bill 118 hjres 92 seeks to disapprove of this rule under chapter 8 of title 5, United States Code. This means that Congress is expressing its disapproval of the rule and seeking to prevent it from being implemented. The reasons for this disapproval are not explicitly stated in the bill, but it is likely that there are concerns about the impact of applying the Bostock v. Clayton County case to discrimination complaints within the Food and Nutrition Service. Overall, Bill 118 hjres 92 is a piece of legislation that seeks to prevent the implementation of a rule that applies the principles of the Bostock v. Clayton County case to discrimination complaints within the Food and Nutrition Service. It is important to note that this summary is non-partisan and focuses on the factual details of the bill.
Congressional Summary of HJRES 92
This joint resolution nullifies the policy update issued by the Food and Nutrition Service (FNS) on May 5, 2022, related to discrimination on the basis of gender identity and sexual orientation.
The Government Accountability Office (GAO) deemed the policy update a rule on June 5, 2023, and therefore subject to the Congressional Review Act (CRA) requirement that a rule must be submitted to Congress and the GAO before it can take effect. The CRA also permits Congress to review and disapprove rules using specified procedures.
In June 2020, the U.S. Supreme Court held in Bostock v. Clayton County that, under Title VII of the Civil Rights Act of 1964, the prohibition on sex discrimination in employment includes discrimination on the basis of sexual orientation and gender identity.
The FNS determined that the Bostock analysis also applies to certain FNS-enforced requirements under the Food and Nutrition Act of 2008 and Title IX of the Education Amendments of 1972 because the requirements are sufficiently similar to those in the Civil Rights Act of 1964.
The FNS rule concludes that the prohibitions against sex discrimination in the FNS-enforced statutes prohibit discrimination on the basis of gender identity and sexual orientation. The rule also directs state agencies and program operators to handle complaints alleging discrimination on the basis of gender identity and sexual orientation as complaints of prohibited sex discrimination.
