News & Analysis as of

Employment Discrimination Title VII Title IX

Morrison & Foerster LLP

Understanding DOJ’s New Guidance on Unlawful Discriminatory Practices

On July 29, 2025, the U.S. Department of Justice (“DOJ”) issued a memorandum titled “Guidance for Recipients of Federal Funding Regarding Unlawful Discrimination” (the “Memo”), providing guidance on what diversity, equity,...more

FordHarrison

Inclusion Without Violation: Navigating the Attorney General's New DEI Guidance

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On July 29, 2025, the U.S. Department of Justice (DOJ), through the Attorney General (AG), issued new guidance directed to all federal agencies, and applicable to federal fund recipients, that diversity, equity, and inclusion...more

K&L Gates LLP

DOJ Guidance Aims to Clarify "Illegal DEI," Raising the Stakes for Potential Investigations and Enforcement

K&L Gates LLP on

Attorney General Pam Bondi issued a memorandum on 29 July 2025 titled “Guidance for Recipients of Federal Funding Regarding Unlawful Discrimination” (Memorandum) that provides new, detailed guidance on a key question that had...more

Epstein Becker & Green

“Illegal DEI”: New DOJ Guidance and Its Implications for All Employers

What constitutes “illegal DEI” under the Trump administration? Many employers have been wrestling with this question since the President took office and immediately issued several executive orders (EOs) criticizing diversity,...more

Constangy, Brooks, Smith & Prophete, LLP

Christian teacher gets jury trial in name, pronoun case

Divine intervention? John Kluge, a high school orchestra teacher in the Indianapolis area, was let go in 2018 after he refused to address transgender students by their preferred names and pronouns. Mr. Kluge, a Christian...more

Cooley LLP

US DOJ Memo Clarifies DEI Compliance for Federal Funding Recipients

Cooley LLP on

On July 30, 2025, US Attorney General Pam Bondi released a memo to all federal agencies titled “Guidance for Recipients of Federal Funding Regarding Unlawful Discrimination.” This document clarifies how federal...more

Goodwin

DOJ Releases Memo Regarding Unlawful Discrimination by Federal Funding Recipients

Goodwin on

On July 29, 2025, the Department of Justice (“DOJ”) issued further guidance regarding the application of federal antidiscrimination laws to programs and initiatives undertaken by recipients of federal funding, in the form of...more

Wiley Rein LLP

DOJ Clarifies Administration’s Stance on What Constitutes “Illegal DEI”

Wiley Rein LLP on

On July 29, 2025, the U.S. Department of Justice (DOJ) released a memorandum titled “Guidance for Recipients of Federal Funding Regarding Unlawful Discrimination” (the Memorandum) that provides clarity on what the...more

Patterson Belknap Webb & Tyler LLP

U.S. Attorney General Issues New Guidance on DEI Programs and Policies

On July 29, 2025, the U.S. Attorney General issued a memorandum that “clarifies the application of federal antidiscrimination laws to programs or initiatives that may involve discriminatory practices, including those labeled...more

Skadden, Arps, Slate, Meagher & Flom LLP

Attorney General Issues Memorandum on Unlawful Discrimination for Recipients of Federal Funds

- What is new: The Office of the U.S. Attorney General issued important guidance clarifying that any policy or practice distinguishing based on protected characteristics may violate federal antidiscrimination laws, including...more

Saul Ewing LLP

How the Trump Administration’s Stance on DEI Could Impact Your Access to Federal Funding, and Its Ripple Effects

Saul Ewing LLP on

On July 29, 2025, Attorney General Pam Bondi issued a memorandum to all federal agencies discussing Diversity, Equity, and Inclusion (DEI) programs. More specifically, she outlined how agencies should regulate the activities...more

Paul Hastings LLP

The Department of Justice’s Latest Guidance for Recipients of Federal Funding Regarding Unlawful Discrimination

Paul Hastings LLP on

Following President Donald Trump’s issuance in January 2025 of the “Ending Illegal Discrimination and Restoring Merit-Based Opportunity” executive order, which sought to curb “illegal” diversity, equity and inclusion (DEI)...more

Littler

Littler Lightbulb – April Employment Appellate Roundup - May 2025

Littler on

Fifth Circuit Affirms Judgment for Employer on Title IX and Title VII Retaliation Claims - In Lewis v. Board of Supervisors of LSU, __ F.4th __ (5th Cir. Apr. 8, 2025), a former employee of a university football department...more

Holland & Knight LLP

The Gender Agenda: Sexual Orientation and Gender Identity in the Trump Administration

Holland & Knight LLP on

On his first day in office, Jan. 20, 2025, President Donald Trump issued an executive order (EO), "Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government," that is reshaping...more

Kohrman Jackson & Krantz LLP

EEOC Policy Shifts Under Trump: Effects on Gender Identity, DEI, and Abortion Accommodations

As 2025 begins under President Donald Trump’s administration, the Equal Employment Opportunity Commission (EEOC) is experiencing significant changes. President Trump has issued executive orders addressing policies related to...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

Eversheds Sutherland (US) LLP

A look at the Trump administration’s executive orders pertaining to workplace anti-discrimination measures

The first month of President Trump’s second administration began with a flurry of Executive Orders, many of which directly affect various employment related issues. While many of the new administration’s Executive Orders (EO)...more

Holland & Knight LLP

Executive Order: Defending Women From Gender Ideology Extremism and Restoring Biological Truth to the Federal Government

Holland & Knight LLP on

Date Issued: Jan. 20, 2025 This executive order directs federal agencies and federal employees to interpret "sex" solely as an immutable binary biological classification determined at conception. The order also requires...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

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

JAMS

A Hypothetical Higher Education Dispute and How a Neutral Can Help Resolve It

JAMS on

Imagine you are employed in the human relations department at a university. One day, Dr. Kiran Gupta,* who has been a faculty member in the political science department for 10 years, comes to your office and is very upset....more

Bowditch & Dewey

Sex Discrimination Claims by Higher Ed Employees Viable Under Title IX

Bowditch & Dewey on

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

McAfee & Taft

Court applies Bostock’s “because of… sex” ruling to Title IX case

McAfee & Taft on

This past June, the U.S. Supreme Court decision in Bostock v. Clayton County expanded the protections of Title VII, which prohibits an employer from discriminating against an employee or applicant “because of … sex,” to...more

Fisher Phillips

Tennis Coach Wins First Set In Gender Bias Match Against University

Fisher Phillips on

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

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