approval of the regulations promulgated to implement section 504 of the Rehabilitation Act of 1973 in Consolidated Rail Corp. v. Darrone, 465 U.S. 624, 634 (1984). Relying on the validity of the regulations, Congress incorporated the regulations into the statutory requirements of section 204 of the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12134 ). Nonetheless, Sandoval creates the potential for uncertainty in the application of critical protections of Section 504, particularly in the lower courts. (10) The right to maintain a private right of action under a provision added to a statute under this Act will be effectuated by a waiver of sovereign immunity in the same manner as sovereign immunity is waived under the remaining provisions of that statute. (11) Numerous provisions of Federal law expressly prohibit discrimination on the basis of sex, and Federal agencies and courts have correctly interpreted these prohibitions on sex discrimination to include discrimination based on sexual orientation, gender identity, and sex stereotypes. In particular, the Equal Employment Opportunity Commission correctly interpreted title VII of the Civil Rights Act of 1964 in Macy v. Holder, Baldwin v. Foxx, and Lusardi v. McHugh. (12) In forbidding discrimination based on sex, Congress intended to strike at the entire spectrum of disparate treatment resulting from sex-related characteristics. The Supreme Court correctly recognized in Price Waterhouse v. Hopkins and Oncale v. Sundowner Offshore Services that among these characteristics are sex-stereotypes, including masculinity and femininity. Congress reaffirmed in the Pregnancy Discrimination Act of 1978 that discrimination on the basis of sex includes but is not limited to discrimination on the basis of pregnancy, childbirth, or related medical conditions. . (13) The absence of explicit prohibitions of discrimination on the basis of sexual orientation and gender identity under Federal statutory law has created uncertainty for employers and other entities covered by