News & Analysis as of

Educational Institutions Non-Discrimination Rules

Quarles & Brady LLP

Prominent Jurist Issues Resounding Statement Supporting University Self-Determination Over Academic and Pedagogical Affairs

Quarles & Brady LLP on

Judge Easterbrook of the Seventh Circuit, one of the most prominent jurists in the country, recently issued a resounding endorsement of universities’ right to determine their own academic affairs. His opinion will have its...more

Franczek P.C.

OCR Releases “Dear Colleague Letter” on School Responsibilities to Address Title VI Discrimination and Harassment

Franczek P.C. on

On November 7, 2023, the Department of Education’s Office for Civil Rights (OCR) released a “Dear Colleague Letter” (DCL) that reminds schools of their Title VI obligations to provide all students with a learning environment...more

Morrison & Foerster LLP

SCOTUS Effectively Ends Affirmative Action for College Admissions: What This Decision Might Mean for Workplace Diversity Programs

As anticipated, the U.S. Supreme Court’s decision in the two companion cases brought by the Students for Fair Admissions, Inc. (SFFA) against Harvard University (Harvard) and the University of North Carolina (UNC) ended...more

Rumberger | Kirk

In the Case of Public School Bathrooms: Separate Is Equal

Rumberger | Kirk on

Eleventh Circuit Says School’s Policy of Assigning Bathrooms Based on Biological Sex Does Not Violate U.S. Constitution - The issue on appeal for the Eleventh Circuit to decide was whether separating the use of male and...more

Littler

How Will the Supreme Court’s Review of Two Affirmative Action Cases Affect Employers?

Littler on

On October 31, 2022, the Supreme Court of the United States (SCOTUS) heard oral arguments for two controversial affirmative action cases against Harvard University and the University of North Carolina (UNC). While the legal...more

Nelson Mullins Riley & Scarborough LLP

Title IX’s Implications for the LGBTQ+ Community

The City of Atlanta celebrates LGBTQ+ Pride in October for several reasons — National Coming Out Day is celebrated on Oct. 11; the anniversary of the National March on Washington for Lesbian and Gay Rights serves as a...more

Franczek P.C.

Considerations for Law Enforcement Referrals

Franczek P.C. on

School district practices on referrals to local law enforcement for student misconduct in schools are facing intense scrutiny in the wake of the ProPublica investigation reported these past weeks in the Chicago Tribune. ...more

Pullman & Comley - School Law

Native American Mascots: An Emerging Legal Landscape – Part Three

Earlier this month, The CABE Journal (see page 11) published a portion of an article by Pullman & Comley attorney Zach Schurin entitled “Native American Mascots: An Emerging Legal Landscape.” The article examines the legal...more

Pullman & Comley - School Law

Native American Mascots: An Emerging Legal Landscape – Part 2

Title VI of the Civil Rights Act of 1964 - The Civil Rights Act of 1964 was the cornerstone of President Lyndon Johnson’s historic civil rights efforts.  While Title VII prohibits discrimination in employment and is perhaps...more

BCLP

What Constitutes Sex Discrimination? Biden Executive Order Foreshadows Significant Changes In Title IX For Institutions of Higher...

BCLP on

Executive Order on Preventing and Combating Discrimination on the Basis of Gender Identity or Sexual Orientation - As one of his first acts as president, President Biden issued an Executive Order on Preventing and...more

Franczek P.C.

OCR Blog Offers Additional Insight on New Title IX Rule Requirements

Franczek P.C. on

As you are all well aware by now, the U.S. Department of Education recently issued its final Title IX regulations. While we continue to wade through the over 2,000-page document issued by the ED (consisting of the new...more

Franczek P.C.

Gotta' Have Faith in Schools? Per Guidance, Sometimes the Answer Is Yes

Franczek P.C. on

The White House recently announced two initiatives aimed at addressing perceived discrimination in education against students and institutions based on religion. We address one of those initiatives—proposed regulations aimed...more

Franczek P.C.

Should You OPEN Your Institution’s Doors to OCR: New Civil Rights Office Raises Questions

Franczek P.C. on

The U.S. Department of Education has created a “new, proactive” civil rights compliance center within its Office for Civil Rights. The Department describes the Outreach, Prevention, Education and Non-discrimination, or OPEN,...more

Seyfarth Shaw LLP

Nonprofit Universities and Schools - Skip the Newspaper Publication of Your Nondiscrimination Policy

Seyfarth Shaw LLP on

At long last, tax-exempt schools, colleges, and universities can stop paying newspapers to annually publish their nondiscrimination policies, and instead satisfy the IRS publicity requirement by posting the policy on their...more

Franczek P.C.

School Safety Commission Report and DOE Withdrawal of Discipline Guidance: What Does It Mean for Schools?

Franczek P.C. on

The 180-page report of the Federal Commission on School Safety is out, and garnering significant media attention. ...more

Ballard Spahr LLP

What Remedy for Transgender Students if HHS Succeeds in Narrowly Redefining Gender Under Title IX?

Ballard Spahr LLP on

The U.S. Department of Health and Human Services (HHS) recently revealed the agency's proposal to narrow the legal definition of sex under Title IX, the federal civil rights law that bans discrimination based on sex in...more

Franczek P.C.

Impact of Changes in Federal Government’s Transgender Approach in Illinois

Franczek P.C. on

A flurry of recent news reports signals a marked change by the Trump administration of the Federal government’s approach toward the rights of transgender students in public education. What, if any, practical implications do...more

Seyfarth Shaw LLP

Third Circuit Rules Private Hospital Is Subject to Medical Resident’s Title IX Claims

Seyfarth Shaw LLP on

Seyfarth Synopsis: In Doe v. Mercy Catholic Medical Center, No. 16-1247 (3d Cir. 2017), the U.S. Court of Appeals for the Third Circuit recently held that the nondiscrimination and anti-harassment protections of Title IX...more

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