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Gender Identity Biden Administration Sex Discrimination

Morgan Lewis

On the Basis of Sex: HHS Rescinds Prior Section 1557 Guidance Interpreting Sex-Based Discrimination

Morgan Lewis on

The US Department of Health and Human Services (HHS) has rescinded several pieces of informal guidance, including its 2021 interpretation of Section 1557 of the Affordable Care Act (Section 1557), in response to executive...more

Epstein Becker & Green

Supreme Court Upholds Tennessee’s Ban on Gender-Affirming Care

Epstein Becker & Green on

On June 18, 2025, in the case of United States v. Skrmetti, the U.S. Supreme Court upheld Tennessee’s ban on gender-affirming care—concluding that the law does not violate the Equal Protection Clause of the Fourteenth...more

Fisher Phillips

Federal Judge Scraps Biden EEOC’s Gender Identity Guidance: Here’s What It Means for the Workplace

Fisher Phillips on

A federal judge in Texas just ruled that the Equal Employment Opportunity Commission (EEOC) exceeded its authority by issuing enforcement guidance requiring bathroom, dress, and pronoun accommodations. In Thursday’s order...more

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

Resetting the EEOC: President Trump Removes Two EEOC Commissioners

President Donald Trump removed Democratic U.S. Equal Employment Opportunity (EEOC) commissioners Charlotte A. Burrows and Jocelyn Samuels, upending the Democratic voting majority on the EEOC. ...more

Husch Blackwell LLP

Federal District Court Vacates 2024 Title IX Regs

Husch Blackwell LLP on

On January 9, 2025, the U.S. District Court for the Eastern District of Kentucky vacated the Biden administration’s 2024 Title IX regulations. The vacatur applies nationwide, meaning the 2020 Title IX final rule and Title IX...more

Williams Mullen

Title IX Risk and Legal

Williams Mullen on

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

Ballard Spahr LLP

Federal Court Strikes Down Title IX Rule

Ballard Spahr LLP on

On January 9, 2025, a federal trial court in State of Tennessee, et al. v. Cardona vacated the Biden Administration’s overhaul of Title IX regulations. Although provisions of the Rule had already been temporarily blocked in...more

Jackson Lewis P.C.

What Schools Need to Know After Court Vacates Title IX Regulations Nationally

Jackson Lewis P.C. on

The Biden Administration’s April 2024 changes to Title IX regulations were struck down in a court ruling that applies nationwide. State of Tennessee v. Cardona, No. 2: 24-072-DCR (E.D. Ky. Jan. 9, 2025). The Kentucky federal...more

Ballard Spahr LLP

Courts Invalidate ACA Regulations Following Demise of Chevron Deference

Ballard Spahr LLP on

Following the U.S. Supreme Court’s recent decision to overturn its landmark 1984 Chevron decision, three district courts have struck down provisions in nondiscrimination regulations under the Affordable Care Act that prohibit...more

Spilman Thomas & Battle, PLLC

The Academic Advisor - Education Law Insights, Issue 7, July 2024

July 29, 2024 Welcome to the seventh issue of The Academic Advisor – our e-newsletter focused on education law insights.    In this final summer edition, we look ahead to the new academic year and cover the following...more

Fisher Phillips

States Sue Federal Government Over New Title IX Rules, Vow Not to Comply: What Schools Need to Know and Do Next

Fisher Phillips on

At least 22 states are suing the Biden administration over new Title IX rules set to take effect this summer. The lawsuits claim that the U.S. Department of Education’s new rules – which were released last month and include...more

Ballard Spahr LLP

Department of Education Issues Amendments to Title IX Regulations

Ballard Spahr LLP on

As long expected, the U.S. Department of Education issued amendments to Title IX regulations following the public comment period. The amended regulations—totaling 1,577 pages—make clear that sex discrimination under Title IX...more

Dorsey & Whitney LLP

What risks do employers face by excluding coverage for gender affirming care in their health plans?

Dorsey & Whitney LLP on

In recent years, courts have ruled upon a growing number of cases arising from delivery of and payment for gender affirming care. At the same time, state legislatures have passed a variety of laws aimed at such services. ...more

Nelson Mullins Riley & Scarborough LLP

Title IX’s Implications for the LGBTQ+ Community

The City of Atlanta celebrates LGBTQ+ Pride in October for several reasons — National Coming Out Day is celebrated on Oct. 11; the anniversary of the National March on Washington for Lesbian and Gay Rights serves as a...more

Franczek P.C.

What’s the Future for Biden Administration Protections for LGBTQ+ Students and Employees under Title IX?

Franczek P.C. on

Recent court and OCR decisions regarding transgender students and employees reflect widely varying responses to the Biden administration’s efforts to expand protections for LGBTQ+ individuals under federal law, including...more

Pullman & Comley - School Law

U.S. Department of Education Issues Proposed Revisions to the Title IX Regulations Regarding Sexual Harassment

On the 50th anniversary of Title IX, the U.S. Department of Education released draft revisions to Title IX’s regulations.  The draft regulations and supporting commentary are approximately 700 pages long and will take some...more

FordHarrison

Department of Education Extends Title IX Protections to Gay and Transgender Students

FordHarrison on

Executive Summary: June is Pride Month. On June 16, 2021, Miguel Cardona, Secretary of the U.S. Department of Education (the “Department”) under President Joe Biden, issued a Notice of Interpretation stating that Title IX...more

Bricker Graydon LLP

Public hearings on Title IX raise questions for coming guidance and regulatory changes

Bricker Graydon LLP on

Educational institutions all over the country have been grappling with the nuances of Title IX compliance since the new Title IX regulations were released last summer. With many stakeholders unhappy with the final...more

Jackson Walker

Texas Legislative Update on Diversity, Equity, and Inclusion-Related Bills

Jackson Walker on

In the recent 87th legislative session, the Texas Legislature contended with several bills that address or may impact areas relevant to diversity, equity, and inclusion (DEI) initiatives within Texas government, public and...more

Burr & Forman

Health Care E-Note - May 2021

Burr & Forman on

Updated CDC COVID-19 Guidance - The CDC has updated its guidance regarding masking and physical distancing for fully vaccinated individuals. Once fully vaccinated, people can resume activities without wearing masks or...more

Fisher Phillips

Title IX – Will Everything Old Be New Again?

Fisher Phillips on

[Warning: This article does not reference viruses, vaccines, or mask-wearing.] The education world is in a state of flux, legally speaking. Any day now, the U.S. Supreme Court will further opine on the extent to which the...more

Jaburg Wilk

President Biden Signs Executive Order Potentially Expanding Scope of Title IX Protections

Jaburg Wilk on

On March 8, 2021, President Biden signed an executive order indicating it is the policy of the Biden administration “that all students should be guaranteed an educational environment free of from discrimination on the basis...more

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

Title IX Regulations: Biden Administration Signals Changes Ahead

On March 8, 2021, President Joe Biden signed the “Executive Order on Guaranteeing an Educational Environment Free from Discrimination on the Basis of Sex, Including Sexual Orientation or Gender Identity,” making clear his...more

BCLP

Biden Executive Order Confirms Change Is Coming For Title IX

BCLP on

On his first day in office, President Biden issued an Executive Order on Preventing and Combating Discrimination on the Basis of Gender Identity or Sexual Orientation that foreshadowed Title IX’s protections against...more

Jackson Lewis P.C.

Biden Administration To Review Title IX Policies And Regulations And Establish Gender Policy Council

Jackson Lewis P.C. on

The Department of Education has been directed to review all policies on sex and gender discrimination (including sexual violence) in schools under an executive order issued by the Biden administration on March 8, 2021. ...more

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