Misgendering, for the uninitiated, is to correctly identify a person according to their biological sex when referring to them, using terms man, woman, and the associated pronouns, even when that person believes themselves to be the opposite sex or seeks to present themselves as belonging to the opposite sex.
In the new rules, when that is done intentionally, it is classified as "sex-based discrimination." They say, "a stray remark, such as a misuse of language, would not constitute harassment under this standard," and leave the door open for intentional misgendering, or refusal to use an individual's preferred pronouns.
Under the section called "Hostile Environment Sex-Based Harassment—Sex Stereotyping and Gender Identity," which lands on page 148 of the 1,577-page document, the DOE states that misgendering with the purpose to harm is a violation of Title IX. If schools don't go after students or faculty who refuse to use an individual's preferred pronouns, then the school could risk their federal funding.
