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A joint resolution 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".
3/14/2024, 3:32 AM
Summary of Bill SJRES 42
The Bostock v. Clayton County case was a landmark Supreme Court decision that held 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 the Bostock case to the processing of discrimination complaints within the agency.
However, Bill 118 SJRes 42 seeks to disapprove of this rule under chapter 8 of title 5 of the United States Code. This means that Congress is expressing its disapproval of the rule and seeking to prevent it from being implemented. The resolution is non-partisan and aims to ensure that the rule does not infringe on the rights of individuals to be free from discrimination based on sexual orientation or gender identity. Overall, Bill 118 SJRes 42 is a significant piece of legislation that addresses the important issue of discrimination within the Food and Nutrition Service. It reflects Congress's commitment to upholding the principles of equality and non-discrimination in all aspects of government policy.
Congressional Summary of SJRES 42
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.
