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I am not a lawyer, but....
The Title IX responsibility is with the schools. If a player (or coach or parent...) believes a girl is not getting an "equal opportunity" because the officiating is not equal on the girls' side, it is not the assignor or official that will be sued...it will be the school district.
There is nothing that requires the school district to use assignors (and I know that in some states, they do not). And there is nothing that requires officials to work for assignors. But if such a lawsuit were to proceed...and if some court found merit in the contention, then it would be up to the school district to come up with a remedy.
I would be quite interested in hearing how school districts (or leagues) would decide who are the "better" officials. But I also believe that it can be done. One of my high school assignors has made it a priority to find better officials for a girls league. He was aggressively recruited officials who he believes are "better" and has opted not to re-hire officials that he believes are not good enough. The coaches and ADs have told him they have noticed an improvement in the quality of officials they have seen over the last few years.
As in any open market, this assignor has to compete with other assignors for the "better" officials. But it can be done.
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