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Equal Protection › Department of Education › Sex Discrimination

The Equal Protection Clause is a section of the 14th Amendment to the United States Constitution that provides that "no state shall...deny to any citizen within its jurisdiction the equal protection of the... more +
The Equal Protection Clause is a section of the 14th Amendment to the United States Constitution that provides that "no state shall...deny to any citizen within its jurisdiction the equal protection of the laws." Essentially, the Equal Protection Clause provides that the government must treat an individual the same way that it treats other individuals in the same circumstances. The 14th Amendment Equal Protection Clause applies only to state governments, but the requirements of the clause apply to the federal government through the Due Process Clause of the 5th Amendment. less -
Husch Blackwell LLP

DOJ Issues Sweeping Memorandum on Unlawful Discrimination

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On July 29, 2025, the U.S. attorney general released a new memorandum providing guidance on the application of federal antidiscrimination laws for recipients of federal funding—including private and public colleges and...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

Ballard Spahr LLP

Federal Court Refuses to Lift Preliminary Injunction Blocking DEI Executive Orders, While EEOC, USDOE, and State AGs Address DEI...

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Last week brought further developments related to the Trump administration’s efforts to curtail what it views as illegal diversity, equity, and inclusion (DEI) initiatives....more

Jackson Lewis P.C.

Navigating the Title IX NIL Landscape Post-DOE Rescission of Biden Guidance

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The U.S. Department of Education’s Office for Civil Rights (OCR) has rescinded the name, image, and likeness (NIL) guidance under Title IX of the Education Amendments of 1972 issued in the final days of the Biden...more

Quarles & Brady LLP

Back to the Future: What a Recent Vacatur, Executive Order, and Dear Colleague Letter Mean for Title IX Compliance

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Within the last month, three developments have rocked the Title IX world: the Eastern District of Kentucky’s decision in State of Tennessee v. Cardona, President Trump’s Executive Order restricting the federal definition of...more

Ballard Spahr LLP

Department of Education Confirms Return to Trump Administration’s 2020 Title IX Rule

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On January 31, the U.S. Department of Education (DOE) confirmed that, effective immediately and applicable to all open Title IX investigations, it will enforce the first Trump administration’s 2020 Title IX regulations (the...more

Franczek P.C.

President Trump Signs Executive Order Requiring Sex-Based Classifications

Franczek P.C. on

On January 20, 2025, one of President Trump’s first actions as the president of the United States was signing an Executive Order proclaiming that the U.S. government only recognizes two sexes: male and female. The order goes...more

BCLP

State of Tennessee v. Cardona: Implications of the Vacatur of the 2024 Title IX Regulations

BCLP on

On April 19, 2024, the Department of Education released its final Title IX regulations regarding sexual discrimination in federally-funded education (the “2024 Title IX Rules”)....more

Williams Mullen

Title IX Risk and Legal

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Title IX, enacted as part of the Education Amendments of 1972, is a federal civil rights law that prohibits sex-based discrimination in any education program or activity receiving federal financial assistance. Its primary...more

Franczek P.C.

2024 Title IX Final Rule and Regulations Vacated by Federal Judge

Franczek P.C. on

On Thursday, January 9, 2025, Judge John C. Reeves of the Eastern District of Kentucky issued an opinion and order vacating the Final Rule that implemented the 2024 Title IX Regulations. The decision by Judge Reeves has the...more

Benesch

Biden’s 2024 Title IX Regulations Take a Blow - Federal District Court Rejects Re-Definition of “Sex” Under Title IX

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On January 9, 2025, a federal district court in Kentucky issued a decision that blocks the Biden administration’s attempt to change the definition of “sex” in Title IX regulations and enforcement....more

Bricker Graydon LLP

2024 Title IX Regulations Vacated by Federal Court

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On January 9, 2025, the U.S. District Court for the Eastern District of Kentucky issued a ruling in which it vacated the 2024 Title IX regulations that went into effect in many states on August 1, 2024....more

Snell & Wilmer

District Court Vacates Department of Education’s Final Rule Related to Title IX Protections and Gender Identity

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On January 9, 2025, a Kentucky District Court vacated the Department of Education’s (the “Department”) 2024 Title IX final rule (the “Final Rule”) in State of Tennessee v. Cardona, on the basis that the Final Rule is contrary...more

McGuireWoods LLP

Department of Education Withdraws Proposed Rule Governing Participation on Athletic Teams Based on Gender Identity

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On Dec. 26, 2024, the U.S. Department of Education withdrew its proposed rulemaking regarding the application of sex-related criteria to participation on athletic teams under Title IX....more

Constangy, Brooks, Smith & Prophete, LLP

Happy 45th Birthday, Title IX: You’ve Changed A Bit Over The Years

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A law was born. On June 23, 1972, President Richard Nixon signed into law Title IX of the Education Amendments Act of 1972: “No person in the United States shall, on the basis of sex, be excluded from participation in, be...more

FordHarrison

During Last Week of School Seventh Circuit Rules in Favor of Transgender Teen On Restroom Use

FordHarrison on

On May 30, 2017, on the heels of the Seventh Circuit’s ground-breaking en banc decision in Hively v. Ivy Tech. College holding that sexual orientation is a protected trait under Title VII, a unanimous three-judge panel of...more

Franczek P.C.

Transgender High School Student Prevails in Bathroom Access Case Before Federal Appellate Court Over Illinois

Franczek P.C. on

In an opinion issued last week, the Seventh Circuit Court of Appeals decided in favor of a transgender student who challenged his high school’s decision to limit his access to boys’ communal bathrooms. ...more

Seyfarth Shaw LLP

Seventh Circuit Affirms Likelihood of Success that School’s Bathroom Policy Violates Title IX and Equal Protection Clause

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Seyfarth Synopsis: The Seventh Circuit affirmed that a transgender student demonstrated a likelihood of success on claims that his school district’s decision to prohibit him from using the boys’ restroom violated both Title...more

Parker Poe Adams & Bernstein LLP

Seventh Circuit Title IX Ruling May Impact Transgender Employee Protections

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The battles over transgender persons’ civil rights continue nationwide, especially when the controversy involves restroom access. Last week, the Seventh Circuit Court of Appeals concluded that a Wisconsin school district...more

Ruder Ware

Breaking: Supreme Court to Weigh in on Transgender Restroom Access in Schools

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The U.S. Supreme Court on Friday accepted a closely watched case over restroom access for transgender students. Gloucester County School Board v. G.G., will examine whether the Title IX education code’s prohibition on “sex”...more

Tucker Arensberg, P.C.

Appeals Court Holds that Title IX Requires Schools to Provide Transgender Students Access to Restrooms Congruent with their Gender...

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G. G. v. Gloucester County School Board, 2016 U.S. App. LEXIS 7026 (4th Cir. Va. Apr. 19, 2016). A three-judge panel of the Court of Appeals for the Fourth Circuit reverses the lower court’s dismissal of a transgender boy’s...more

Seyfarth Shaw LLP

Fourth Circuit Holds that “Sex” Under Title IX Incorporates Gender Identity

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Seyfarth Synopsis: The Fourth Circuit in a case of first impression held that Title IX entitles transgender students to use the bathroom that matches their gender identity. Though that ruling only discusses Title IX, the...more

Seyfarth Shaw LLP

Fourth Circuit Holds that Title IX Protects Transgender Student’s Right to Use Men’s Restroom Consistent With the Student's Gender...

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The U.S. Court of Appeals for the Fourth Circuit holds that Title IX protects a transgender student’s right to use the restroom that aligns with the student’s gender identity. The Fourth Circuit has become the first...more

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