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Educational Institutions Title VII

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

Husch Blackwell LLP

Missouri Supreme Court Defines "Sex" in MHRA Public Accommodation Case: Potential Implications for Employers

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Last week, the Missouri Supreme Court firmly held that “sex” refers only to “one’s biological classification as male or female” under the provision of the Missouri Human Rights Act (MHRA) prohibiting discrimination in public...more

Franczek P.C.

Week in Review: 7 Legal Developments you Should Know About

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As the academic year is now wrapping up, we hope that the final weeks of school have been relatively stress free, and that our clients are now looking forward to some slower summer days. Here at Franczek, we have continued to...more

Dorsey & Whitney LLP

Department of Justice Launches “Civil Rights Fraud Initiative” to Target DEI Through False Claims Act

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On Monday, May 19, 2025, Department of Justice (“DOJ”) Deputy Attorney General Todd Blanche issued a memorandum establishing the “Civil Rights Fraud Initiative” (the “Memorandum”), in the latest signal that DOJ intends to...more

Foley & Lardner LLP

Achieving DEI Compliance…On Your Website

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Diversity, Equity & Inclusion (DEI) efforts, and the term itself, have become increasingly scrutinized and subjected to legal challenges by both government and private actors, making an understanding of the current DEI...more

Poyner Spruill LLP

Third Circuit Finds “Modicum” of Control Insufficient to Create Employment Relationship

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In order to state a claim for discrimination under Title VII of the Civil Rights Act of 1964 (Title VII), a plaintiff must first demonstrate that he or she had an employment relationship with the defendant.  Although various...more

Littler

Trump Administration Moves to Eliminate Federal Government’s Use of Disparate Impact Theory Liability

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On April 23, 2025, President Trump signed an executive order instructing that federal agencies cease using the disparate impact theory of liability under federal civil rights laws, including Title VII of the Civil Rights Act...more

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

Utah, West Virginia, and Wyoming Enact Laws Defining Male and Female

Utah, West Virginia, and Wyoming recently passed laws aligning with recent executive orders issued by President Donald Trump defining sex as binary and immutable....more

FordHarrison

Crackdown on Antisemitism in Education is Not Just Limited to Students

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Real World Impact: In light of recent government actions directed at ensuring educational institutions protect their faculty and staff, as well as students, from antisemitism, such employers should ensure they are familiar...more

Jackson Lewis P.C.

Attending to EEOC’s New Workplace Focus: Antisemitism on College Campuses

Jackson Lewis P.C. on

Equal Employment Opportunity Commission (EEOC) Acting Chair Andrea Lucas issued a statement on March 17, 2025, notifying universities and colleges that the EEOC intends to hold them accountable for antisemitism in on-campus...more

Parker Poe Adams & Bernstein LLP

Inclusion of Caste in EEO Policy Did Not Violate Employees' Constitutional Rights

In recent years, a number of colleges and universities have added caste to their list of prohibited classifications under their anti-discrimination policies. Two Hindu professors at a public California university filed suit,...more

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

South Carolina House and Senate Introduce Legislation on Diversity, Equity, and Inclusion

State legislators have introduced bills in the South Carolina House of Representatives and South Carolina Senate to amend Title 1, Chapter 1 of the South Carolina Code by adding sections addressing diversity, equity, and...more

Seyfarth Shaw LLP

EEOC Prioritizes Campus Antisemitism: What Employers Need to Know

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In a March 5, 2025 press release, Andrea Lucas, the Acting Chair of the U.S. Equal Employment Opportunity Commission (EEOC), emphasized the agency’s plans to prioritize holding universities and colleges accountable to prevent...more

Constangy, Brooks, Smith & Prophete, LLP

EEOC signals crackdown on anti-Jewish bias

And you thought they’d be asleep the next four years. This week, the U.S. Equal Employment Opportunity Commission issued a press release indicating that the EEOC would be cracking down on antisemitism in the workplace, with...more

Franczek P.C.

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

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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

Ballard Spahr LLP

New DOJ Memos Target Diversity, Equity, and Inclusion Practices Under Attorney General Pamela Bondi

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Pamela Bondi, the newly sworn in Attorney General at the Department of Justice (DOJ), issued a flurry of memos and directives in her first 24 hours on the job. Building on President Trump’s executive orders related to...more

Franczek P.C.

Week in Review: Whiplash Over Federal Funding, Changes in Agency Leadership, New EEOC Priorities, and New K-12 Executive Order

Franczek P.C. on

It is no secret that whenever there is a change in the Oval Office it is common for the incoming administration to implement quick and widespread changes to effectuate campaign promises. Indeed, in modern times, newly elected...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

Bricker Graydon LLP

Ohio’s Bathroom Bill and the EEOC

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Back in November 2024, Ohio Governor Mike DeWine signed into law SB 104, colloquially known as the "Bathroom Bill." This law--which goes into effect on February 25, 2025--provides specific guidelines for restroom, locker...more

Littler

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

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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

Bradley Arant Boult Cummings LLP

11th Circuit Speaks: No Implied Right of Action for Employees Under Title IX for Sex Discrimination

The 11th Circuit has spoken on a topic with divergent views among the circuits – finding that Title IX does not provide an implied right of action for sex discrimination. In so doing, it affirmed summary judgment for the...more

Carlton Fields

Eleventh Circuit Narrows Scope of Employee Title IX Claims

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Last week, the U.S. Court of Appeals for the Eleventh Circuit ruled that Title IX of the Education Amendments of 1972 does not provide an implied right of action for sex discrimination in employment. This decision deepens an...more

Morgan Lewis

DEI and Best Practices in Corporate America: Harvard/UNC One Year Later

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All eyes were on the US Supreme Court in June 2023 as the justices were poised to issue their decision in Students for Fair Admissions v. Harvard & UNC. As colleges and universities awaited the decision and wondered what it...more

Bricker Graydon LLP

Kentucky District Court Blocks Implementation of 2024 Title IX Regulations in Kentucky, Ohio, Indiana, Tennessee, Virginia, and...

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A federal judge in the Eastern District of Kentucky has enjoined the United States Department of Education from implementing or enforcing the 2024 Title IX regulations. The injunction is limited to the states of Tennessee,...more

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