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Discrimination › Department of Education › Transgender

Discrimination is prejudicial treatment related to (or inappropriate consideration of) an individual's actual or perceived membership in a particular class, group or category, such as an individual's... more +
Discrimination is prejudicial treatment related to (or inappropriate consideration of) an individual's actual or perceived membership in a particular class, group or category, such as an individual's race, religion, gender, age, to name a few.  less -
Jenner & Block

Client Alert: Title IX, “Gender Ideology,” and Recent Enforcement Activity: What Higher Education Institutions Need to Know

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Recent executive orders, federal guidance, and enforcement activity have made clear that the Trump Administration plans to interpret and apply Title IX in new and different ways. This includes an understanding of sex as an...more

Littler

Trump Bans Transgender Women Athletes from Participating in Athletics

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In the latest slew of executive orders affecting educational institutions, on February 5, 2025, President Trump signed an order titled, “Keeping Men Out of Women’s Sports.” This order states, “it is the policy of the United...more

Miller Nash LLP

New Executive Order “Keeping Men Out of Women’s Sports” Creates Challenging Questions for Oregon School Districts

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On February 5, 2025, President Trump issued an Executive Order (EO) entitled Keeping Men Out of Women’s Sports. This EO expresses strong disapproval of policies allowing transgender girls and women to participate on girls’...more

BCLP

State of Tennessee v. Cardona: Implications of the Vacatur of the 2024 Title IX Regulations

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On April 19, 2024, the Department of Education released its final Title IX regulations regarding sexual discrimination in federally-funded education (the “2024 Title IX Rules”)....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

McGuireWoods LLP

Department of Education Withdraws Proposed Rule Governing Participation on Athletic Teams Based on Gender Identity

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On Dec. 26, 2024, the U.S. Department of Education withdrew its proposed rulemaking regarding the application of sex-related criteria to participation on athletic teams under Title IX....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

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

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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

Troutman Pepper Locke

Is Title IX Guidance and Enforcement About to Change?

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On February 22, the U.S. Department of Education issued its first Dear Colleague Letter guidance of the new administration, rescinding the transgender rights guidance that the Obama administration issued last summer. 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

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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

Franczek P.C.

New Administration Signals Change on Support of Transgender Guidance

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On Friday, the Trump administration signaled that it will not defend the guidance given by the U.S. Department of Justice (DOJ) and Department of Education (DOE) last May on transgender students’ rights under Title IX of the...more

Franczek P.C.

OCR Complaints – Trends and Predictions

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The U.S. Department of Education’s Office for Civil Rights (OCR) recently issued two reports highlighting its work during both fiscal year (FY) 2016 and President Obama’s entire eight-year term of office. The number of OCR...more

Seyfarth Shaw LLP

Supreme Court to Rule on Case Addressing Bathroom Access Based on Gender Identity

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On October 28, 2016, the U.S. Supreme Court agreed to hear an appeal in the matter of Gloucester County School Board v. G.G., which asks the Court to weigh in on the issue of restroom access for transgender students. The...more

Bond Schoeneck & King PLLC

School Districts’ Obligations to Transgender Students Under Scrutiny as Another School District Settles With OCR (12/15)

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In October 2014, we reported on the increasing attention given by the U.S. Department of Education’s Office for Civil Rights (OCR) to the issue of discrimination against transgender students in public schools. Over the past...more

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