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DOJ Issues Expanded Guidance on DEI-Related Practices

On July 29, the Office of the U.S. Attorney General issued a memorandum that offers additional color respecting unlawful discrimination, which President Trump originally characterized as “illegal DEI” in his January 2025...more

The Supreme Court Says Employers Can Be Liable for Discriminating Against Majority Groups

Earlier this month, in a long-awaited ruling, the U.S. Supreme Court sided with a straight white woman who claimed to have lost out on two positions to LGBT candidates and was also demoted in favor of them. ...more

New Trump Executive Order Dismantles Disparate Impact Liability

On April 23, President Trump issued an executive order, "Restoring Equality of Opportunity and Meritocracy" (EO), intending to abolish a longstanding liability theory for workplace discrimination claims. Emphasizing the need...more

Trump Administration Sharpens Focus on Title IX: Joint DOJ-ED Special Investigations Team to Tackle "Gender Ideology"

Last month, the Departments of Justice (DOJ) and Education (ED) announced the creation of a joint Special Investigations Team (SIT) to streamline Title IX investigations....more

Defining ‘DEI-Related Discrimination’: Recent Moves by the EEOC Shed Further Light on the Trump Administration’s DEI Focus

The Equal Employment Opportunity Commission (EEOC) was busy last week in the diversity, equity, and inclusion (DEI) space, offering further insight into practices and programs likely to be scrutinized following President...more

This is Not a Drill: Trump Administration 'Dear Colleague' Letter Virtually Eliminates Consideration of Race in Higher Education

On February 14, the U.S. Department of Education (ED) issued a new "Dear Colleague" letter to "clarify and reaffirm the nondiscrimination obligations of schools and other entities that receive federal financial assistance...more

DEI and Potential False Claims Act Liability in Higher Education

Imagine you're sitting in a conference room with a group of administrators and staff across various schools and departments, discussing budgetary constraints, campus resources, and student group initiatives—a day like any...more

Title IX’s Final Rule Is Struck Down: Time to Return to the 2020 Regulations

In a recent and far-reaching decision, a federal court struck down the Biden administration’s 2024 final rule, which sought to implement significant changes to Title IX’s regulations (the 2024 Final Rule). ...more

Trump 2.0: What Changes Lie Ahead for Institutions of Higher Education

As President-elect Donald Trump prepares for his second stint in the White House beginning January 2025, higher education leaders are bracing for potential shifts in policy that could reshape the landscape of institutions of...more

Title IX's Final Rule Enforceability Still in Flux

Not long ago we wrote about the significant changes to Title IX's regulations in the Department of Education's final rule set to go into effect this year (the Final Rule). Primary and secondary schools and institutions of...more

Education Roundup: Policies Protecting Student Health Information - FERPA and HIPAA Compliance

It is no secret that institutions of higher education (IHEs) are currently busy addressing their policies to reflect recent major changes in the law (read: Title IX!), but it is also important to give some time and attention...more

The List of States Regulating Non-Disclosure Provisions Continues to Grow

From the day the #MeToo movement went viral on social media more than seven years ago, it has sparked critical discussions about sexual harassment, assault, and abuse in all corners of industries, communities, and cultures....more

Biden Administration's Final Rule for Title IX Is Finally Here

The Biden administration's Department of Education has finally released the much-anticipated final rule (the "Final Rule") amending the regulations for Title IX, which prohibits sex discrimination and harassment in education...more

Education Roundup: Challenges to DEI Efforts Continue in the Wake of Students For Fair Admissions

Institutions of higher education (IHEs) and prospective applicants continue to grapple with the shifted landscape of admissions practices after the United States Supreme Court's Students for Fair Admissions decision...more

Nonprofits Managing Risk for Youth Programs: Ten Key Compliance Strategies

Many nonprofit organizations, such as summer camps, schools, sports leagues, membership associations, religious organizations, childcare centers, and youth clubs for various hobbies, regularly host programs involving...more

When Mental Health and Performance Management Collide

Lisa, one of your team’s sales representatives, has been a consistent performer during her first year with the company. She has proven herself to be detail oriented, personable with clients, and willing to assist her team to...more

No Minor Inconvenience: Tips for Crafting a School Policy That Protects Minors on Campus

Institutions of higher education (IHEs) are often focal points of community activity, and inevitably attract all members of the public to various events and programs that take place on campus, including the youngest—and most...more

Are College Admissions Offices Minefields for Potential False Claims Act Liability Now?

By now, the Supreme Court's June 2023 Students for Fair Admissions decision overturning affirmative action precedent, which Venable wrote about here, and has prompted institutions of higher education (IHEs) to review their...more

Are Legacy and Donor Admissions Soon to Become a Part of the Past? The Department of Education Strikes Back Following SCOTUS...

On July 24, 2023, less than a month after the Supreme Court's landmark decision striking down affirmative action practices in college admissions, the U.S. Department of Education, Office for Civil Rights (OCR) has launched an...more

The Future of Race in Higher Education Admissions

On June 29, 2023, in a 6-3 decision along ideological lines, the Supreme Court drastically altered college admissions by ruling that affirmative action admissions practices violated the Equal Protection Clause of the...more

Ticktock It's Time to Be Real About Social Media in the Workplace: How Institutions of Higher Education Can Develop Social Media...

Debates concerning the pros and cons of social media usage are not new, but have recently resurfaced with more fervor, gaining attention at the national level. The renewed focus on social media usage may serve as a reminder...more

Biden's Student Loan Forgiveness Plan in Peril

The Supreme Court heard arguments on February 28, 2023 in two cases that will decide the future of President Biden's student loan forgiveness plan. The cases, Biden v. Nebraska and U.S. Department of Education v. Brown,...more

OCR Reminds IHEs That Pregnancy Is Protected Under Title IX Too

Often, the focus on Title IX compliance and crafting institutional procedures for institutions of higher education (IHEs) is dominated by more commonly arising issues like sexual misconduct allegations. However, recently, the...more

GPT Education Roundup: Accessible AI Presents New Potential Challenges for IHEs

Publicly available artificial intelligence (AI) programs and applications (apps), and the tasks they can perform, have been gaining much more attention lately. The average internet user can access websites and apps that use...more

'Tis the Season for Institutions of Higher Education to Review Their Employee Handbooks

With the holiday season fast approaching, employers must plan and prepare for the general revelry that accompanies this time of year. Holiday parties, which often involve the consumption of alcohol and frequently occur...more

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