The U.S. Department of Education’s Office for Civil Rights (OCR) issued a Dear Colleague Letter (DCL) directing educational institutions that they are prohibited from using race in decisions pertaining to admissions, hiring,...more
The U.S. Department of Education has released its final amendments of the regulations to Title IX of the Education Amendments of 1972 regarding how educational institutions must handle allegations of sexual discrimination and...more
The U.S. Department of Labor Wage and Hour Division (WHD) is in the process of publishing industry-specific guidance for compliance with the 2022 Providing Urgent Maternal Protections for Nursing Mothers Act (PUMP Act). In...more
The U.S. Department of Education Office for Civil Rights (OCR) and the U.S. Department of Justice Civil Rights Division have published a joint Dear Colleague Letter (Joint OCR and DOJ DCL) that, together with a Q&A, provides...more
8/29/2023
/ Affirmative Action ,
Dear Colleague Letter ,
Department of Education ,
Department of Justice (DOJ) ,
Educational Institutions ,
Equal Protection ,
OCR ,
Race Discrimination ,
Students ,
Students for Fair Admissions v Harvard College ,
Title VI
The use of race in admissions by Harvard College and the University of North Carolina (UNC) is unconstitutional, the U.S. Supreme Court has held in a decision written by Chief Justice John Roberts. Students for Fair...more
6/30/2023
/ Affirmative Action ,
Civil Rights Act ,
College Admissions ,
Educational Institutions ,
Employment Discrimination ,
Equal Protection ,
Fourteenth Amendment ,
Race Discrimination ,
SCOTUS ,
Students ,
Students for Fair Admissions v Harvard College ,
Students for Fair Admissions v University of North Carolina ,
Title VI ,
Wage and Hour
Finding the university was on notice and had an obligation to preserve interview notes related to a climate and culture review because it knew or reasonably should have known to anticipate litigation, the U.S. District Court...more
In conjunction with the 50th anniversary of Title IX, the U.S. Department of Education has released its proposed amendments to the regulations for Title IX of the Education Amendments of 1972 for public comment....more
The U.S. Supreme Court ruled that emotional distress damages are not recoverable in private actions to enforce statutes authorized by the Spending Clause of the U.S. Constitution....more
5/3/2022
/ Affordable Care Act ,
Disability Discrimination ,
Emotional Distress Damages ,
Health Care Providers ,
Medicaid ,
Medicare ,
Punitive Damages ,
Reasonable Accommodation ,
Rehabilitation Act ,
SCOTUS ,
Spending Clause ,
Title IX ,
Title VI
The U.S. Department of Education’s Office for Civil Rights (OCR) has announced that it has sent its draft proposed amendments to Title IX of the Education Amendments of 1972 to the Office of Information and Regulatory Affairs...more
The U.S. Department of Education’s Office for Civil Rights (OCR) has published a fact sheet that addresses key issues intersex students face in schools and provides recommendations on how schools can support intersex...more
The U.S. Department of Education’s Office for Civil Rights has announced that it will immediately cease enforcement of the Title IX regulatory provision prohibiting decision-makers’ reliance on statements not subject to...more
The U.S. Department of Education’s Office for Civil Rights (OCR) has released its Questions and Answers on the Title IX Regulations on Sexual Harassment (July 2021) and Appendix with sample policies (Q & A), which represents...more
Effective July 1, 2022, college athletes in South Carolina can earn compensation for the use of their name, image, or likeness (NIL) and to obtain agents.
Senate Bill 685, signed by Governor Henry McMaster, applies to...more
To assist collegiate sports administrators in assessing emerging Title IX issues, we are pleased to provide the Spring/Summer 2021 installment of the Title IX Alert. This issue discusses topics such as amended regulations,...more
6/15/2021
/ Bullying ,
Department of Education ,
Discrimination ,
Educational Institutions ,
Executive Orders ,
Joe Biden ,
OCR ,
Regulatory Reform ,
Sexual Harassment ,
Sexual Orientation ,
Student Athletes ,
Summary Judgment ,
Title IX
The U.S. Department of Education’s Office for Civil Rights (OCR) has announced it will conduct a comprehensive review of its regulations implementing Title IX of the Education Amendments of 1972, starting with a public...more
Manufacturing employers probably will continue to see an increase in COVID-19-related litigation affecting the industry. Keeping up with recent trends in COVID-19-related litigation can help manufacturers ensure compliance...more
2/22/2021
/ Coronavirus/COVID-19 ,
Disability Discrimination ,
Employer Liability Issues ,
Employment Litigation ,
Families First Coronavirus Response Act (FFCRA) ,
Family and Medical Leave Act (FMLA) ,
Manufacturers ,
Reasonable Accommodation ,
Retaliation ,
State Labor Laws ,
Wage and Hour ,
Whistleblowers ,
Workplace Safety
The Biden administration’s Executive Order 13988, “Preventing and Combating Discrimination on the Basis of Gender Identity or Sexual Orientation,” expands prohibited forms of sex discrimination under Title IX of the Education...more