On July 30, 2025, the U.S. Department of Justice issued a Guidance for Recipients of Federal Funding Regarding Unlawful Discrimination, warning that many programs and initiatives labeled as Diversity, Equity and Inclusion...more
In his first two weeks in office, President Donald Trump has issued several executive orders affecting educational institutions. One order, signed Jan. 29, 2025, “Ending Radical Indoctrination in K-12 Schooling,” targets...more
The Ending Illegal Discrimination and Restoring Merit-Based Opportunity Executive Order (EO) issued on Jan. 22, 2025, takes aim at diversity, equity and inclusion programs at institutions of higher education. (McGuireWoods’...more
On Jan. 9, 2025, the U.S. District Court for the Eastern District of Kentucky vacated the entire 2024 Title IX final rule in State of Tennessee v. Cardona, No. 2:24-00072 (Jan. 9, 2025). The Department of Education had issued...more
In the wake of the newly adopted Biden-era Title IX regulations, one question that continues to prompt debate among educational institutions and courts alike is whether employees can sue their employers under Title IX of the...more
On March 27, 2024, in a long-awaited decision that carries major implications for 501(c)(3) organizations and independent schools, the Fourth Circuit held that an independent school’s 501(c)(3) tax-exempt status did not...more
On April 6, 2023, the U.S. Supreme Court and the U.S. Department of Education addressed the treatment of transgender students in sports.
Specifically, in West Virginia, et al. v. B.P.J., by her next friend and mother,...more
On Jan. 4, 2023, the 10th U.S. Circuit Court of Appeals made two important findings in a class-action case seeking to compel the creation of a girls-only football team for high-school girls....more
Historically, most independent schools have not been subject to Title IX of the Education Amendments Act of 1972 because they do not accept federal funds. As a result, many independent schools carefully evaluate whether to...more
The Department of Justice’s Civil Rights Division, the U.S. Attorney’s Office for the Northern District of California, and San Jose State University (SJSU) settled the government’s Title IX investigation into a decade’s worth...more
On May 17, 2021, the U.S. Department of Education’s Office for Civil Rights (OCR) announced that public hearings on the Title IX final rule defining sexual harassment as a form of sex discrimination will be held virtually...more