News & Analysis as of

Biden Administration Sex Discrimination Civil Rights Act

Troutman Pepper Locke

DOE Rescinds Title IX Guidance on NIL Compensation

Troutman Pepper Locke on

Twenty-seven days after the U.S. Department of Education (DOE) of the outgoing Biden administration issued long-awaited Title IX guidance relating to name, image, and likeness (NIL) payments by schools and third-party...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Resetting the EEOC: President Trump Removes Two EEOC Commissioners

President Donald Trump removed Democratic U.S. Equal Employment Opportunity (EEOC) commissioners Charlotte A. Burrows and Jocelyn Samuels, upending the Democratic voting majority on the EEOC. ...more

Jackson Lewis P.C.

What Schools Need to Know After Court Vacates Title IX Regulations Nationally

Jackson Lewis P.C. on

The Biden Administration’s April 2024 changes to Title IX regulations were struck down in a court ruling that applies nationwide. State of Tennessee v. Cardona, No. 2: 24-072-DCR (E.D. Ky. Jan. 9, 2025). The Kentucky federal...more

Ballard Spahr LLP

Courts Invalidate ACA Regulations Following Demise of Chevron Deference

Ballard Spahr LLP on

Following the U.S. Supreme Court’s recent decision to overturn its landmark 1984 Chevron decision, three district courts have struck down provisions in nondiscrimination regulations under the Affordable Care Act that prohibit...more

Kohrman Jackson & Krantz LLP

CLIENT ALERT: Biden Administration Releases Long-Awaited Title IX Regulations

On April 19, 2024, the Biden Administration released its long-awaited overhaul of the Title IX regulations governing investigations of alleged sexual misconduct and sex discrimination in federally-funded education programs....more

Dorsey & Whitney LLP

What risks do employers face by excluding coverage for gender affirming care in their health plans?

Dorsey & Whitney LLP on

In recent years, courts have ruled upon a growing number of cases arising from delivery of and payment for gender affirming care. At the same time, state legislatures have passed a variety of laws aimed at such services. ...more

Foley Hoag LLP

Biden Administration Proposes Significant Revisions to Trump-Era Nondiscrimination Regulations

Foley Hoag LLP on

On July 25, 2022, the Department of Health and Human Services (HHS) Office for Civil Rights (OCR) released a long-awaited proposed rule on Section 1557 of the Affordable Care Act (ACA), the nondiscrimination protections...more

FordHarrison

Department of Education Extends Title IX Protections to Gay and Transgender Students

FordHarrison on

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

Akerman LLP - HR Defense

Biden Administration Heralds New Protections for LGBTQ Employees

While President Biden’s initial flurry of executive orders largely sought to address the pandemic and undo the regulatory legacy of his predecessor, one order places LGBTQ protection at the heart of the new Administration’s...more

Pullman & Comley - School Law

Does President Biden’s Executive Order on Gender Identity and Sexual Orientation Discrimination Overrule OCR’s Recent Guidance?

As discussed in a prior post, OCR under the former President went to great lengths to interpret Bostock v. Clayton (which established that discrimination against someone for being transgender or homosexual was sex...more

FordHarrison

President Biden Signs Executive Order Combating Discrimination Against the LGBTQ+ Community

FordHarrison on

Executive Summary: Within hours of his inauguration on January 20, 2021, President Biden signed his Executive Order on Preventing and Combating Discrimination on the Basis of Gender Identity or Sexual Orientation....more

Franczek P.C.

Last Gasps and Opening Salvos: The End and Beginning of a New Era in Title IX, Part 1

Franczek P.C. on

At the beginning of last week, Donald Trump was President of the United States and we were being flooded with last minute Title IX and civil rights guidance from the outgoing Department of Education. As we near the end of the...more

Morgan Lewis

Biden Administration Issues Order on Gender Identity and Sexual Orientation

Morgan Lewis on

As one of his first actions in office, President Joe Biden has issued an executive order ensuring that last year’s US Supreme Court decision in Bostock v. Clayton County is applied immediately and efficiently by all federal...more

Bricker Graydon LLP

New executive order aligns Title IX with Bostock decision

Bricker Graydon LLP on

After months of speculation as to how a new administration may enforce Title IX, newly inaugurated President Biden wasted no time in addressing the matter. On his first day in office, he issued seventeen executive orders,...more

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