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Office of Special Counsel show that officials inside former President Joe Biden's Department of Education continued pursuing gender identity and sexual orientation cases under Title IX in states where a federal court had barred such enforcement — a finding the department itself ultimately confirmed after a supplemental investigation.
The OSC's June 9 letter to the White House concluded that the department's Office for Civil Rights had failed to comply with a federal injunction, substantiating allegations first raised by a whistleblower inside the agency.
The Whistleblower Complaint and OSC Findings The whistleblower, identified as a chief attorney in OCR's Kansas City office, alleged that department leadership directed regional offices to continue handling gender identity, transgender status, and sexual orientation claims in the roughly 20 states covered by the court's injunction.
The OSC concluded that OCR leadership had created, in the watchdog's words, a path for carrying out its preferred policies in defiance of that order.
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