Earlier this month, the Department of Education released an “Athletics Notice of Proposed Rulemaking,” which would prohibit federal funding recipients from categorically excluding transgender students from the athletics teams...more
Since we published our prior client alert on state efforts to dismantle diversity, equity, and inclusion (DEI) initiatives, state-level anti-DEI efforts have gained significant momentum. Several new anti-DEI legislative...more
As universities and corporations across America have expanded their diversity, equity, and inclusion (DEI) efforts in recent years, some states are pushing back. Florida and its governor, Ron DeSantis, have led this...more
The last few years have been eventful and, at times, difficult ones for institutions of higher education. Institutions have been deeply impacted by issues ranging from the COVID-19 pandemic, to debates over free speech, to...more
2/3/2023
/ Antitrust Litigation ,
Artificial Intelligence ,
Biden Administration ,
College Admissions ,
College Athletes ,
Colleges ,
Competition ,
Coronavirus/COVID-19 ,
DACA ,
Department of Education ,
Diversity ,
Educational Institutions ,
Immigration ,
Loan Forgiveness ,
New Rules ,
OCR ,
Race Discrimination ,
Student Loans ,
Students ,
Title IX ,
Universities
Threats to DEI initiatives are not new, but the types of litigants and lawsuits underlying these threats are evolving. As discussed in previous client alerts, the coordinated attack on DEI programs already extends well beyond...more
In recent years, companies have paid significant attention to corporate board diversity. Many corporations have done so on their own initiative as part of their broader commitment to diversity, equity, and inclusion (DEI),...more
This month, the US Supreme Court heard oral argument in Brackeen v. Haaland, a case concerning the constitutionality of the federal Indian Child Welfare Act (ICWA). The challengers—individuals who sought to adopt Indian...more
On October 18, 2022, the Eleventh Circuit Court of Appeals entered as its judgment its August 26, 2022 opinion limiting the scope of a nationwide injunction of the Biden Administration’s COVID-19 vaccine mandate for federal...more
Yesterday, the US Supreme Court heard oral argument in two cases—Students for Fair Admissions v. President and Fellows of Harvard College and Students for Fair Admissions v. University of North Carolina—concerning the...more
On October 31, the Supreme Court will hear oral argument in Students for Fair Admissions Inc. v. President & Fellows of Harvard College and Students for Fair Admissions, Inc. v. University of North Carolina, in which the...more
10/26/2022
/ Admissions ,
Civil Rights Act ,
Colleges ,
Educational Institutions ,
Equal Protection ,
Ethnicity ,
Fourteenth Amendment ,
Oral Argument ,
Race Discrimination ,
SCOTUS ,
Students ,
Title VI ,
Universities
On Friday, August 26, 2022, the Eleventh Circuit brought back to life complicated legal, management, and labor issues related to COVID-19 vaccine requirements for many government contractors. By significantly narrowing a...more
The Department of Education marked the fiftieth anniversary of Title IX, the landmark civil rights law prohibiting sex discrimination in federally funded education programs and activities, by releasing its highly anticipated...more
6/29/2022
/ Biden Administration ,
Department of Education ,
Disciplinary Proceedings ,
Educational Institutions ,
Gender Identity ,
Gender-Based Violence ,
Proposed Regulation ,
Regulatory Agenda ,
Regulatory Reform ,
Regulatory Requirements ,
Sexual Assault ,
Sexual Harassment ,
Sexual Orientation Discrimination ,
Sexual Violence Policies ,
Students ,
Title IX
Jenner & Block filed an amicus brief on behalf of the NAACP and the Ohio State Chapter of the NAACP urging the Ohio Supreme Court to hear Oberlin College’s appeal in Gibson Bros, Inc., et al., v. Oberlin.
Oberlin is...more
5/26/2022
/ Amicus Briefs ,
Defamation ,
First Amendment ,
Free Speech ,
Freedom of Association ,
Freedom of Expression ,
NAACP ,
OH Supreme Court ,
Pro Bono ,
Protests ,
Race Relations
On February 8, 2022, the National College Players Association (NCPA), an advocacy group for college athletes, filed unfair labor practice charges before the National Labor Relations Board (NLRB) against the National...more
2/28/2022
/ Alston v NCAA ,
Collective Bargaining ,
Educational Institutions ,
Employee Definition ,
Employee Rights ,
Employees ,
Labor Regulations ,
NCAA ,
NLRA ,
NLRB ,
Student Athletes ,
Students ,
Unions
Yesterday, the Supreme Court agreed to hear a pair of cases asking the Court to overrule its precedents governing the consideration of race in college admissions. One case concerns admissions at Harvard College, and the other...more
On January 13, 2022, a divided Supreme Court stayed OSHA’s vaccine-or-test emergency temporary standard (ETS). Nat’l Federation of Independent Business v. Dep’t of Labor, OSHA , 595 U.S. ___ (2022). The matter came before the...more
1/17/2022
/ Biden Administration ,
Constitutional Challenges ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Employer Mandates ,
Federal Contractors ,
Infectious Diseases ,
Lack of Authority ,
National Federation of Independent Business v Department of Labor and OSHA ,
OSHA ,
SCOTUS ,
Stays ,
Vaccinations ,
Virus Testing ,
Workplace Safety
On Monday, November 15, 2021, the NCAA held a special convention to discuss a proposed draft constitution for the organization. The draft constitution, circulated a week earlier, would make several significant changes to the...more