News & Analysis as of

Civil Rights Act Discrimination Title IX

McCarter & English Blog: Government Contracts...

New “Unlawful Discrimination” Guidance from DOJ Underscores Risks to Federal Grant Recipients

Earlier this year, we addressed a growing sense of confusion and unease among federal contractors relating to shifting diversity, equity, and inclusion (DEI) standards. Specifically, awardees had to take stock of the...more

Kelley Drye & Warren LLP

AG Bondi Issues DEI Memo to Support False Claims Act Enforcement

On July 29, 2025, U.S. Attorney General Pam Bondi issued a memorandum titled ​“Guidance for Recipients of Federal Funding Regarding Unlawful Discrimination,” which follows up on President Trump’s Executive Order 14173 that,...more

Law Matters

On Securing a Preliminary Injunction in a Pro Bono Case Protecting Student Civil Rights – Q&A with Glenn Agre Bergman & Fuentes

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Q&A with Reid Skibell and Jon Friedman, partners at Glenn Agre Bergman & Fuentes, after the firm obtained a preliminary injunction in a pro bono lawsuit brought on behalf of Victim Rights Law Center and two students and their...more

Vinson & Elkins LLP

Justice Department’s “Civil Rights Fraud Initiative” Increases False Claims Act Risks Related to Alleged Discrimination

Vinson & Elkins LLP on

On May 19, 2025, Deputy Attorney General Todd Blanche issued a memorandum announcing the creation of the Department of Justice’s (DOJ) Civil Rights Fraud Initiative (the Initiative), which directs DOJ attorneys to utilize the...more

TNG Consulting

Why Title VI Training is Necessary Now 

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An ATIXA Testimonial by Alexis Piñero-Benson, University of New Hampshire  Following the October 7, 2023, Hamas attack in Israel and the ongoing geopolitical conflict, many colleges and universities witnessed a surge of...more

Snell & Wilmer

U.S. and State Attorneys General Indicate Readiness to Bring DEI Enforcement Actions

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In the latest developments in the DEI policy chronicles, on the same day she was sworn into office, U.S. Attorney General Pam Bondi issued a memorandum entitled “Ending Illegal DEI and DEIA Discrimination and Preferences.”...more

TNG Consulting

A Practitioner-Focused Framework for Civil Rights Compliance 

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On January 14, 2025, the Department of Education Office for Civil Rights (OCR) announced a resolution agreement with the University of Washington following a Title VI complaint of alleged discrimination and harassment based...more

Miller Nash LLP

New Executive Order Addressing “Radical Indoctrination in K-12 Schooling”: What School Leaders Need to Know

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On January 29, 2025, President Trump issued an Executive Order (“Order”) entitled “Ending Radical Indoctrination in K-12 Schooling.” The Order asserts that “schools indoctrinate children in radical, anti-American ideologies...more

Clark Hill PLC

Office For Civil Rights Vindicates Our Client; Finds Private University Violated His Title Ix Right To A Fair And Unbiased...

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The U.S. Department of Education Office for Civil Rights (OCR) recently published a Letter and Resolution Agreement vindicating a male student we represented in a complaint against Notre Dame. As set forth in the published...more

Franczek P.C.

President Trump Signs Executive Order Requiring Sex-Based Classifications

Franczek P.C. on

On January 20, 2025, one of President Trump’s first actions as the president of the United States was signing an Executive Order proclaiming that the U.S. government only recognizes two sexes: male and female. The order goes...more

Clark Hill PLC

Federal Judge Strikes Down 2024 Title IX Rules Nationwide

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Last week, a federal judge struck down the 2024 Title IX Regulations, ruling that the regulations, which expanded nondiscrimination protections for LGBTQ+ students, violate the Constitution. The ruling extends nationwide....more

Procopio, Cory, Hargreaves & Savitch LLP

Federal Court Vacates 2024 Title IX Regulations: What Does This Mean for California Charter Schools?

On January 9, 2025, a federal court in Kentucky vacated the 2024 Title IX regulations that had been adopted by the U.S. Department of Education and which have been in effect since August 1, 2024. (Tennessee v. Cardona (E.D....more

Littler

Employees in the 11th Circuit Do Not Have a Private Right of Action Under Title IX for Employment Discrimination

Littler on

On November 7, 2024, in a consolidated opinion addressing appeals in Joseph v. Board of Regents and Crowther v. Board of Regents, the U.S. Court of Appeals for the Eleventh Circuit held that Title IX of the Education...more

Foley & Lardner LLP

Navigating the Rock & the Hard Place: Conflicting Federal and State Mandates for LGBTQ Employees

Foley & Lardner LLP on

“The rock and the hard place.” How often do employers find themselves here? If employers have LGBTQ employees in certain states, they are now bumping up against the “rock” of federal laws, like Title VII and Title IX, and the...more

Bass, Berry & Sims PLC

District Court Enjoins EEOC and Department of Education Guidance Protecting LGBTQ Rights

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On July 15, the U.S. District Court for the Eastern District of Tennessee entered a preliminary injunction barring the Equal Employment Opportunity Commission (EEOC) and the Department of Education (ED) from enforcing...more

Arnall Golden Gregory LLP

Court Denies Attempt to Prevent Closure of Lone Maternity Ward Under Section 1557 of ACA and Disparate-Impact Theory of...

Introduction to Disparate-Impact Discrimination Claims in Healthcare: Sandoval (2001) and Section 1557 of the ACA - Disparate-impact claims of discrimination in healthcare are powerful and can be incredibly varied. These...more

Hogan Lovells

U.S. Department of Education Publishes List of Schools Under Civil Rights Investigation

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Last week, the U.S. Department of Education (“ED”) published on its website a list of “pending cases currently under investigation” by its Office for Civil Rights (“OCR”). Previously, OCR had released a list of higher...more

Seyfarth Shaw LLP

Management Alert – The Current Federal Retrenchment on LGBT Rights

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Seyfarth Synopsis: The first eight months of the new administration signals a retrenchment on the executive branch’s view of legal protections due LGBT individuals, including in employment....more

FordHarrison

Second and Eleventh Circuits Rule They are Bound by Prior Precedent that Title VII Does Not Prohibit Sexual Orientation...

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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

Seyfarth Shaw LLP

Supreme Court Remands Transgender Rights Case to Court of Appeals After Trump Administration Withdraws Obama Era Guidance

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Seyfarth Synopsis: On March 6, 2017, the Supreme Court remanded a highly anticipated transgender rights case back to the Court of Appeals after the Trump Administration withdrew Obama era guidance regarding the rights of...more

Ballard Spahr LLP

SCOTUS, New Dear Colleague Letter Muddle Transgender Issues Under Title IX

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The U.S. Departments of Justice and Education have withdrawn existing guidance on transgender students and issued a new Dear Colleague Letter calling into question whether Title IX requires that schools permit students to use...more

Robinson+Cole Data Privacy + Security Insider

DOE and DOJ Withdrawl of “Dear Colleague” Letter Leaves FERPA’s Guidance Unresolved

On February 22, 2017, the Department of Justice (DOJ) and Department of Education (DOE) withdrew their May 13, 2016 “Dear Colleague” letter that provided guidance on steps to protect transgender students under Title IX of the...more

Hogan Lovells

U.S. Departments of Education and Justice Withdraw Guidance on Transgender Students

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On February 22, the U.S. Departments of Education and Justice (“ED” and “DOJ,” respectively, and collectively, the “Departments”) issued a two-page Dear Colleague Letter to “withdraw and rescind” policy and guidance reflected...more

Franczek P.C.

Administration Withdraws Transgender Guidance While Considering Legal Issues

Franczek P.C. on

The U.S. Department of Justice (DOJ) and Department of Education (DOE) jointly issued a statement rescinding the guidance on transgender students’ rights under Title IX issued to school districts nationwide in May. The prior...more

Ballard Spahr LLP

SCOTUS Grimm decision could impact CFPB position on ECOA protection for gender identity and sexual orientation

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On October 28, 2016, the U.S. Supreme Court granted the petition for a writ of certiorari in Grimm v. Gloucester County School Board, a decision of the U.S. Court of Appeals for the Fourth Circuit that marked the first time...more

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