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Department of Education’s February 14 Dear Colleague Letter on Title VI and Equal Protection: Overview, Open Issues, and...

INTRODUCTION - On February 14, 2025, the Acting Assistant Secretary for Civil Rights (the “Assistant Secretary”) at the United States Department of Education (the “Department”) circulated a Dear Colleague Letter (the “DCL”)...more

Stop Campus Hazing Act Signed Into Law

President Biden has signed the Stop Campus Hazing Act (the “Act”) into law. The Act, the first federal anti-hazing law, is the result of a bi-partisan effort and comes after several years of patchwork efforts to address...more

Eleventh Circuit Finds No Private Right of Action Under Title IX for Sex Discrimination in Employment

On November 7, 2024, the United States Court of Appeals for the Eleventh Circuit found, in the case of Joseph v. Board of Regents of the University System of Georgia, that Title IX does not provide an implied right of action...more

Supreme Court Declines to Review Magnet School Admissions Policy Which Targeted a More “Diverse” Student Body and Shaped Racial...

On February 20, 2024, the United States Supreme Court denied a petition for a writ of certiorari in Coalition for TJ v. Fairfax County School Board. Coalition for TJ involves an admissions policy at a prestigious public...more

As California Considers Banning Caste Discrimination, Considering College and University Efforts to Do the Same

​In an effort to combat discrimination and harassment based on caste, numerous colleges and universities have amended their nondiscrimination policies to explicitly prohibit misconduct based on caste. Institutions of higher...more

U.S. Supreme Court Hands Down a Number of Significant Decisions Impacting Employers

Last week, the Supreme Court issued two significant decisions impacting employers nationwide. The Court’s holding in Groff v. DeJoy requires employers to grant religious accommodations to employees, unless such accommodations...more

Appeals Court Holds That Title IX Extends To Claims Of Discrimination Based On Perceived Sexual Orientation

​The U.S. Court of Appeals for the Ninth Circuit recently held that harassment based on perceived sexual orientation constitutes sex discrimination under Title IX, extending the holding from the U.S. Supreme Court's Title VII...more

The U.S. Department of Education Publishes NPRM Regarding Transgender Student-Athletes; Proposes Framework for Analysis of...

On April 6, 2023, the United States Department of Education (“ED”) issued a Notice of Proposed Rulemaking (the “NPRM”) related to Title IX of the Education Amendments of 1972 (“Title IX”). The NPRM, entitled...more

ED Expands Oversight of Higher Education Service Providers

On February 15, 2023 (updated February 16, 2023), the United States Department of Education (“ED,” or the “Department”) released a Dear Colleague Letter[1](the “DCL”) regarding the “Requirements and Responsibilities for...more

OCR Resolution Agreement Underscores Obligations Regarding Institutional Support for Pregnant Students

​On January 26, 2023, the U.S. Department of Education’s Office for Civil Rights (“OCR”) published a letter and resolution agreement regarding a December 2020 complaint (OCR Complaint # 04-21-2060) filed against Troy...more

HED: DOJ Issues New Guidance on Web Accessibility

The Department of Justice (“DOJ”) published, on March 18, 2022, new “Guidance on Web Accessibility and the ADA” (the “Guidance”). For colleges and universities, the Guidance offers some help as to how to best satisfy their...more

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