News & Analysis as of

Colleges Title VII Title IX

Ice Miller

Anti-DEI Enforcement Takes Shape: DOJ and States Apply New Vision of Civil Rights

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At the beginning of the second Trump administration, the President and Attorney General Pam Bondi indicated they would use the levers of government to end DEI (diversity, equity, and inclusion) policies and programs. The...more

Franczek P.C.

Week in Review – EEOC and NLRB Start Enacting Trump’s Executive Orders, Challenges to Federal Agencies’ Independence, and New...

Franczek P.C. on

Each week as the new presidential administration takes shape, we get a clearer picture of how its priorities will affect federal agencies, and how those changes will affect the employers and educational institutions that...more

Clark Hill PLC

2024 Title IX Regulations Struck Down - What’s Next for Higher Education?

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On Jan. 9, 2025, the Eastern District of Kentucky held in State of Tennessee, et al. v. Miguel Cardona, et al. that the U.S. Department of Education’s 2024 Final Rule (“Final Rule”) implementing Title IX is “unlawful.” This...more

Bricker Graydon LLP

[Webinar] Compliance Briefing: Ohio Bathroom Bill (SB 104) (Higher Education) - January 16th, 12:00 pm - 1:00 pm ET

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On November 27, 2024, Ohio Governor DeWine signed Senate Bill 104 (“S.B. 104”), which will take effect on February 25, 2025. This bill touches every corner of campus – from academic buildings to residence halls, from...more

Parker Poe Adams & Bernstein LLP

Eleventh Circuit Says No Implied Right of Action for Employees Under Title IX

Title IX of the Education Amendments of 1972 prohibits sex discrimination in educational institutions that receive federal funding. For years, federal courts have interpreted Title IX to include an implied right of action for...more

Parker Poe Adams & Bernstein LLP

Pressing Pause: Explanations and Next Steps for Title IX Administrators Following Preliminary Injunctions

In the past week, two U.S. District Court judges have issued preliminary injunctions halting implementation of the recently-released 2024 Title IX final rule....more

Venable LLP

Between a Rock and a Hard Place: The Legal Debate Over Preferred Pronoun Usage in the Classroom Continues with Institutions of...

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In a July 28, 2023 ruling, the Seventh Circuit has signaled that Institutions of Higher Education (IHEs) seeking to enforce pronoun policies can expect to face increased scrutiny. Specifically, the Seventh Circuit vacated its...more

Spilman Thomas & Battle, PLLC

The Academic Advisor - Education Law Insights, Issue 6, June 2023

Supreme Court Blocks Use of Race in Harvard, UNC Admissions in Blow to Diversity Efforts - "In one of its most closely watched cases this year, the court ruled along ideological lines that the way the schools approached race...more

Bricker Graydon LLP

The Saga Continues: Are Student Athletes Employees?

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This question, once settled, has seen increased scrutiny in recent years both from the National Labor Relations Board and courts that have considered the issue.2 One of those courts – the Third Circuit Court of Appeals, which...more

Bricker Graydon LLP

[Webinar] Drafting a Notice of Investigation for Civil Rights/Title IX Cases - October 18th, 1:00 pm - 2:00 pm EST

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At the outset of a discrimination or harassment investigation, institutions of higher education send a notice of the investigation to the parties. What must be in the notice? What should be in the notice? Higher Ed team...more

Jackson Lewis P.C.

Three Key Takeaways from National Association of College and University Attorneys Annual Conference

Jackson Lewis P.C. on

Bringing together general counsel, Title IX coordinators, equity directors, ethics officers, and other key administrators, along with outside counsel, the National Association of College and University Attorneys (NACUA) 2022...more

Holland & Knight LLP

U.S. Department of Education Proposes New Title IX Regulations

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The Biden Administration's Department of Education issued a new Notice of Proposed Rulemaking (NPRM) on June 23, 2022 – the 50th anniversary of the day Title IX was signed into law – intended to overhaul the Trump...more

Bond Schoeneck & King PLLC

Implications for Colleges and Universities of Expanded Legal Protections for LGBTQ+ Students, Faculty and Staff

In its Bostock v. Clayton County, Georgia ruling in June 2020, the U.S. Supreme Court ruled that the prohibition on “sex” discrimination under Title VII of the Civil Rights Act of 1964 encompasses discrimination on the basis...more

Bricker Graydon LLP

[Webinar] Beyond Compliance–Making the case for DEI programming in Title VI, VII, IX and ADA efforts - October 20th, 12:00 pm -...

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Higher education institutions devote significant resources on compliance infrastructure to hold people accountable for harassment and discrimination, but what if they instead invested in more programs to prevent harassment...more

Bowditch & Dewey

Sex Discrimination Claims by Higher Ed Employees Viable Under Title IX

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Title IX prohibits discrimination based on sex against any person, not just students. Although federal courts are split, the First Circuit has held that a Title VII claim does not preempt a plaintiff’s Title IX claim. When an...more

Steptoe & Johnson PLLC

Title IX Applies to Cases Involving Sexual Orientation and Gender Identity, Department of Education Advises

Steptoe & Johnson PLLC on

In an apparent reversal of a Memorandum issued late in the term of the prior administration, the U.S. Department of Education has issued an interpretation of Title IX, emphasizing that the law prohibits discrimination based...more

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

Title IX Regulations: Biden Administration Signals Changes Ahead

On March 8, 2021, President Joe Biden signed the “Executive Order on Guaranteeing an Educational Environment Free from Discrimination on the Basis of Sex, Including Sexual Orientation or Gender Identity,” making clear his...more

Haynsworth Sinkler Boyd, P.A.

What Can Employers Glean from the DOE’s and the DOJ’s Position on the Provision of Transgender Bathrooms under Title IX?

On February 22, 2017, the Department of Justice and the Department of Education issued a “Dear Colleague” letter withdrawing the statements of policy and guidance issued by the Department of Education on January 7, 2015 and...more

Pullman & Comley - School Law

Making Bad Choices: Title IX, Title VII and Ludlow V. Northwestern University

A prior post considered the case of Ha v. Northwestern University, in which the plaintiff claimed that Northwestern had violated Title IX by insufficiently disciplining one of its professors, Peter Ludlow, despite concluding...more

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