Executive Summary: In a groundbreaking opinion authored by Chief Justice Roberts in Cummings v. Premier Rehab Keller, P.L.L.C., the United States Supreme Court held that damages for emotional distress are not recoverable in a...more
5/19/2022
/ Affordable Care Act ,
Americans with Disabilities Act (ADA) ,
Civil Rights Act ,
Cummings v Premier Rehab Keller PLLC ,
Disability Discrimination ,
Emotional Distress Damages ,
Federal Funding ,
Rehabilitation Act ,
SCOTUS ,
Spending Clause ,
Title IX ,
Title VI
Executive Summary: June is Pride Month. On June 16, 2021, Miguel Cardona, Secretary of the U.S. Department of Education (the “Department”) under President Joe Biden, issued a Notice of Interpretation stating that Title IX...more
6/28/2021
/ Biden Administration ,
Bostock v Clayton County Georgia ,
Civil Rights Act ,
Department of Education ,
Educational Institutions ,
Gender Identity ,
LGBTQ ,
Sex Discrimination ,
Sexual Orientation Discrimination ,
Title IX ,
Title VII ,
Transgender
The U.S. Department of Education has issued its long-awaited final Title IX regulations (“Final Rule”), providing guidance to schools, colleges and universities. ...more
5/20/2020
/ Colleges ,
Department of Education ,
Disciplinary Proceedings ,
Educational Institutions ,
Gender-Based Violence ,
OCR ,
Sexual Assault ,
Sexual Harassment ,
Sexual Violence Policies ,
Students ,
Title IX ,
Universities
The protracted case of Gavin Grimm is set to be heard once again by the United States Court of Appeals for the Fourth Circuit. ...more
6/14/2018
/ Appeals ,
Educational Institutions ,
Equal Protection ,
Fourteenth Amendment ,
Gender Discrimination ,
Gender Identity ,
LGBTQ ,
School Restrooms ,
Sexual Orientation Discrimination ,
Sexual Stereotyping ,
Students ,
Title IX ,
Transgender
On May 30, 2017, on the heels of the Seventh Circuit’s ground-breaking en banc decision in Hively v. Ivy Tech. College holding that sexual orientation is a protected trait under Title VII, a unanimous three-judge panel of...more
6/12/2017
/ Civil Rights Act ,
Department of Education ,
Educational Institutions ,
Equal Protection ,
Fourteenth Amendment ,
Gender Identity ,
LGBTQ ,
Public Schools ,
School Restrooms ,
Sex Discrimination ,
Students ,
Title IX ,
Title VII ,
Transgender
As these authors have previously reported, several cases analyzing whether sexual orientation is protected by Title VII of the Civil Rights Act of 1964 have been winding their way through the courts. ...more
4/5/2017
/ Civil Rights Act ,
Discrimination ,
Employer Liability Issues ,
En Banc Review ,
Equal Employment Opportunity Commission (EEOC) ,
Gender Discrimination ,
Gender Identity ,
Gloucester County School Board v G.G. ,
Hiring & Firing ,
LGBTQ ,
School Restrooms ,
SCOTUS ,
Sexual Orientation Discrimination ,
Title IX ,
Title VII ,
Transgender ,
Trump Administration
There has been much speculation about the Trump administration’s position with respect to LGBTQ rights. We may now have our first glimpse. Just days after Jeff Sessions was confirmed as Attorney General, the government has...more
2/20/2017
/ Department of Justice (DOJ) ,
Discrimination ,
Educational Institutions ,
Gender Discrimination ,
Gender Identity ,
Gloucester County School Board v G.G. ,
LGBTQ ,
Preliminary Injunctions ,
Public Schools ,
Restroom Legislation ,
School Restrooms ,
Sexual Orientation Discrimination ,
Title IX ,
Title VII ,
Transgender ,
Trump Administration
As LGBTQ rights have taken center stage in political and social issues, FordHarrison has been following ground-breaking litigation related to LGBTQ rights and providing updates. In the latest decision, a federal judge in...more
1/19/2017
/ Abortion ,
Affordable Care Act ,
Department of Health and Human Services (HHS) ,
Discrimination ,
Employer Mandates ,
Gender Discrimination ,
Gender Identity ,
Health Care Providers ,
Health Insurance ,
Healthcare ,
Healthcare Reform ,
LGBTQ ,
Medicaid ,
Medicare ,
Medicare Part D ,
Preliminary Injunctions ,
Religious Exemption ,
Religious Freedom Restoration Act (RFRA) ,
Section 1557 ,
Sex Discrimination ,
Sexual Orientation ,
Sexual Orientation Discrimination ,
Title IX ,
TRICARE ,
Trump Administration