News & Analysis as of

Enforcement Actions Title IX

Baker Donelson

DOJ Attempts to Define Illegal DEI: Warning Recipients of Federal Funds to Take Notice

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In our previous Baker Donelson client alerts, we examined the emerging compliance and enforcement risks stemming from the January 21, 2025 Executive Order 14173 "Ending Illegal Discrimination and Restoring Merit-Based...more

Husch Blackwell LLP

DOJ Issues Sweeping Guidance on "Illegal DEI": Key Legal Risks and Compliance Priorities for Federal Funds Recipients

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On July 29, 2025, the Department of Justice (DOJ) issued updated guidance setting forth the administration’s position on how federal antidiscrimination laws—including Title VI and Title VII of the Civil Rights Act of 1964 and...more

K&L Gates LLP

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

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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

Wiley Rein LLP

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

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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

Parker Poe Adams & Bernstein LLP

DOJ Issues Sweeping Memo on DEI Programming: What Education Leaders Need to Know

On July 29, the U.S. Department of Justice (DOJ) issued a sweeping memorandum warning recipients of federal funds — including K-12 schools and higher education institutions — that many diversity, equity, and inclusion (DEI)...more

Bond Schoeneck & King PLLC

College Sports Commission Revises Guidance on NIL Deals Involving Collectives

Background - On July 10, 2025, the College Sports Commission (“CSC”) issued initial guidance to Division I athletic directors describing how it would scrutinize college athletes’ NIL deals with associated entities[1] like...more

Montgomery McCracken

Update on Title IX Enforcement – OCR Is Moving Beyond Sports

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If you haven’t read the recent press releases from the Department of Education reflecting their summer enforcement focus around Title IX, below we’ll dive into what happened this month. Penn’s agreement with the Office for...more

Fisher Phillips

SCOTUS to Determine Whether States Can Ban Transgender Athletes From Women’s Sports – What Your School Needs to Know

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The Supreme Court will soon decide whether states can ban transgender high school and college athletes from participating on female sports teams at their schools. After initially declining to review this issue in 2023 and...more

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

ArentFox Schiff

An Unprecedented Semester: Higher Education Faces Challenges From Washington

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Running a college has never been an easy job. But as this academic year draws to a close, higher education is experiencing new challenges with potential long-lasting impacts....more

Jackson Lewis P.C.

Next Era for College Athletics Begins as NCAA Implements $2.8B Settlement Agreement: Key Changes

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The NCAA has announced “a new era” in college sports, touting “unprecedented” benefits for student-athletes following the U.S. District Court for the Northern District of California’s long-awaited approval of the $2.8 billion...more

Vorys, Sater, Seymour and Pease LLP

False Claims Act Reimagined: DOJ Pursues Civil Rights Fraud in Higher Education and Government Contracts

On May 19, 2025, the U.S. Department of Justice (DOJ) unveiled the Civil Rights Fraud Initiative, a new enforcement strategy aimed at leveraging the False Claims Act to hold colleges, universities, government contractors, and...more

Vorys, Sater, Seymour and Pease LLP

Department of Justice Announces False Claims Act Crackdown on DEI Policies

The United States Department of Justice recently announced that it would begin “vigorous enforcement” of the False Claims Act against recipients of federal funds for their use of diversity, equity and inclusion programs. The...more

Franczek P.C.

100 Days In: Where Do Things Stand?

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Last week marked President Trump’s 100th day in office for his second term. As we have reported over the course of the past few months, the first 100 days of the second Trump administration have been active, with many new...more

Fisher Phillips

Federal Officials Launch Title IX Special Investigations Team – The 5 Things Higher Education Institutions Need to Do

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The federal government just took a dramatic step to reshape Title IX enforcement – one that should prompt immediate action from all colleges and universities. On April 4, the U.S. Department of Education and Department of...more

Jackson Lewis P.C.

Institutions’ Title IX Compliance Under the Microscope: DOJ, ED Form Special Investigations Team to Enforce Gender Ideology EOs

Jackson Lewis P.C. on

Institutions should carefully review their policies and practices now that the Department of Justice (DOJ) and Department of Education (ED) have recently formed a special investigations team to increase and prioritize...more

Franczek P.C.

Week in Review: Important Recent Court Rulings, Continued Changes at the NLRB, and The Department of Ed Continues Its...

Franczek P.C. on

We saw a flurry of activity this week from the Supreme Court, with rulings that employers and educational institutions should be aware of. Specifically, the Supreme Court ruled in the Trump Administrations’ favor on several...more

Fox Rothschild LLP

Trump Administration Launches Title IX Investigations Team to Accelerate Enforcement

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The Trump administration has announced the creation of a Title IX Special Investigations Team (SIT) to respond to a surge in Title IX complaints and carry out enforcement of several of President Trump’s executive orders. ...more

Snell & Wilmer

Navigating New Department of Education Guidance Amid Shifting Judicial Precedents

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In its final days, the Biden Department of Education issued a Dear Colleague Letter regarding misrepresentations made by third‐party service providers engaged by institutions of higher education. This new guidance, published...more

Jenner & Block

Client Alert: Secretary of Education Linda McMahon is Confirmed. What’s Next?

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On Monday, March 3, Linda McMahon was confirmed by the Senate to serve as President Trump’s Secretary of the Department of Education by a vote of 51 to 45. Since President Trump’s inauguration, even without a confirmed...more

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

Snell & Wilmer

U.S. and State Attorneys General Indicate Readiness to Bring DEI Enforcement Actions

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In the latest developments in the DEI policy chronicles, on the same day she was sworn into office, U.S. Attorney General Pam Bondi issued a memorandum entitled “Ending Illegal DEI and DEIA Discrimination and Preferences.”...more

Skadden, Arps, Slate, Meagher & Flom LLP

Ban on Transgender Women From Female Sports Is Challenged in Court

On February 5, 2025, President Donald Trump signed Executive Order 14201, “Keeping Men Out of Women’s Sports,” which aims to prohibit transgender women and girls from participating in female sports across all educational...more

Franczek P.C.

U.S. Department of Education Opens Title IX Investigations Into the Minnesota State High School League and the California...

Franczek P.C. on

As we shared in a previous alert, in early February, President Trump issued an Executive Order titled “Keeping Men Out of Women’s Sports,” which restricts transgender women and girls from participating in women’s athletic...more

TNG Consulting

A Practitioner-Focused Framework for Civil Rights Compliance 

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On January 14, 2025, the Department of Education Office for Civil Rights (OCR) announced a resolution agreement with the University of Washington following a Title VI complaint of alleged discrimination and harassment based...more

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