News & Analysis as of

Educational Institutions Title VII Employment Discrimination

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

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

Jackson Lewis P.C.

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

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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

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

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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

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

Jenner & Block

DEI in the Crosshairs: Reflections On 2023 And Predictions For 2024

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From the classroom to the boardroom, attacks on diversity, equity, and inclusion (DEI) gained significant momentum in 2023. Bolstered by their victory at the Supreme Court in the Students for Fair Admissions (SFFA) cases,...more

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

Seventh Circuit Revives Teacher’s Religious Discrimination Case Over Transgender Students’ Names and Pronouns

On July 31, 2023, the Seventh Circuit Court of Appeals revived a Christian teacher’s religious discrimination lawsuit over his refusal to refer to transgender students by their names and pronouns with which they identified. ...more

Sheppard Mullin Richter & Hampton LLP

What Does Affirmative Action’s Death Knell Mean for Employers?

At the end of June, the U.S. Supreme Court’s decision in Students for Fair Admissions, Inc. v. President & Fellows Of Harvard College, Nos. 20-1199 & 21-707, 2023 WL 4239254 (U.S. June 29, 2023), outlawed race-based...more

Husch Blackwell LLP

Federal Contractors and Employers with DEI Initiatives: Three Takeaways from SCOTUS Decision Striking Down Racial Preferences

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On June 29, 2023, in a 6-3 decision authored by Chief Justice Roberts, Students for Fair Admissions, Inc. v. President and Fellows of Harvard College, the U.S. Supreme Court (“Court” or “Supreme Court”) held that college and...more

Venable LLP

Employment Recruitment and DEI Initiatives Following the Supreme Court’s Affirmative Action Decision

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On June 29, 2023, the Supreme Court effectively overturned long-standing affirmative action precedent and held that race-conscious college admissions programs violate the Equal Protection Clause of the Fourteenth Amendment...more

Lathrop GPM

Supreme Court Restricts Use of Race in College Admissions; Decision Could Impact Employers as Well

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On June 29, 2023, the United States Supreme Court issued a landmark ruling sharply restricting the use of race in college admissions. The Court’s decision immediately reshaped the landscape of student affirmative action...more

Constangy, Brooks, Smith & Prophete, LLP

Does SCOTUS decision on affirmative action put employers’ DEI efforts at risk?

On June 29, the U.S. Supreme Court held that admissions policies at Harvard University and the University of North Carolina violated the Equal Protection Clause of the Fourteenth Amendment to the U.S. Constitution by using...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

Fisher Phillips

The Top 20 Non-COVID Workplace Law Stories Of 2020

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That this past year was the most challenging year in your professional life is an almost certainty. You were forced to learn entirely new statutory schemes, absorb new local health directives on a near-daily basis, create a...more

Fisher Phillips

What Employers And Educational Institutions Need To Know About EEOC’s Proposed Guidance On Religious Discrimination

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The EEOC recently released a draft of its updated guidance on religious discrimination, which – if adopted and finalized – could alter the legal standards applied in workplace disputes for the nation’s employers generally and...more

Fisher Phillips

June 2020: The Top 21 Labor And Employment Law Stories

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It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

Fisher Phillips

Tennis Coach Wins First Set In Gender Bias Match Against University

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It goes without saying that federally funded educational institutions cannot discriminate on the basis of gender. Some federal courts believe Title IX is the proper statute upon which to base employment discrimination claims,...more

Akerman LLP - HR Defense

Employees in Educational Programs: Expanded Options for Suits

Employers who are operating educational programs or activities – whether inside or outside educational institutions – take note: a recent court decision adds to a split in the federal appellate courts by allowing employees...more

Holland & Knight LLP

Religious Institutions: June 2015

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Religious institutions commonly make payments to or receive payments directly or indirectly from governmental agencies for services rendered; e.g., day cares that benefit from public scholarships, hospitals that participate...more

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