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Different School of Thought, Part V: U.S. Department of Education Attempts to Clarify Scope of Injunctions Barring Enforcement of...

The last eight weeks have seen at least six courts issue injunctions barring enforcement of the U.S. Department of Education’s 2024 Title IX Final Rule (the “2024 Rule”). Most injunction orders lack clarity about which higher...more

Different School of Thought, Part III: New Title IX Regulations Now Blocked by Four Courts, Affecting 15 States

On July 2 and July 11, 2024, two more federal courts issued preliminary injunctions preventing enforcement of the U.S. Department of Education’s new Title IX regulations, scheduled to go into effect on August 1, 2024....more

2024 Title IX Regulation Update, Part III: Section 106.44 - Recipients’ Duty to Address Sex Discrimination

This is part three of a series examining the most topical changes contained in the new Title IX regulations applicable to higher education, which were released by the U.S. Department of Education on April 19, 2024. This...more

Title IX Homework for Spring Break: Preparing for a Potential Uptick in Title IX Reports

My grandmother lived by the rule that summer flowers should not be planted before spring break, no matter how much warm weather March might bring. The week after spring break would find her working furiously in her garden,...more

NLRB Disentangles Itself From Religious Education Institutions

On June 10, 2020, the National Labor Relations Board (NLRB) renounced jurisdiction over faculty employees at most religious educational institutions. The Bethany College case overruled the NLRB’s 2014 Pacific Lutheran...more

The NLRB Goes Back to Church (Schools), Gets Entangled

In our June 2015 blog post, “NLRB Moves to Assert Jurisdiction Over Religious Educational Institutions,” we reported that Regional Directors of the National Labor Relations Board (NLRB) were beginning to exercise jurisdiction...more

NLRB Moves to Assert Jurisdiction Over Religious Educational Institutions

Before December of 2014, religious colleges and universities could generally assume that under the National Labor Relations Board’s (NLRB) “substantial religious character” test, the NLRB would decline to assert jurisdiction...more

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