News & Analysis as of

Gender Identity Title IX

Sands Anderson PC

Schools Required to Show their Responses are “Reasonably Calculated” to End Harassment Under Title IX

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In Blair v. Appomattox County School Board, the Fourth Circuit Court of Appeals reiterated how educators are judged under Title IX when responding to peer-on-peer sexual harassment allegations.  The Court said it is not...more

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

U.S. Olympic Committee’s New Transgender Athlete Ban Highlights Changing Policy Landscape

The U.S. Olympic and Paralympic Committee (USOPC) recently banned transgender athletes from competing in women’s sports, becoming the latest institution to take such action following President Donald Trump’s Executive Order...more

Kilpatrick

DOJ Defines “Unlawful Discrimination” For Federal Funding Recipients

Kilpatrick on

On July 30, 2025, the U.S. Department of Justice (“DOJ”) published its “Guidance for Recipients of Federal Funding Regarding Unlawful Discrimination” (the “Guidance”) to all federal agencies. The Guidance, dated July 29,...more

Venable LLP

SCOTUS Agrees to Review State Bans on Transgender Athletes in Girls’ and Women’s School Sports

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Just days after the University of Pennsylvania's settlement with the federal government, the U.S. Supreme Court agreed to hear two cases involving state transgender athlete bans of girls and women competing in school sports...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

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

Venable LLP

Title IX and Transgender Athletes: Penn's Landmark Settlement and the Legal Implications

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In early July, the University of Pennsylvania said it had reached a settlement with the U.S. Department of Education, resolving a federal investigation into Title IX violations based on transgender athlete participation in...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

Montgomery McCracken

Supreme Court to Decide Legality of Trans-Athlete Bans

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As the Supreme Court Prepares to Decide the Legality of Trans-Athlete Bans, Schools Must Ready Themselves for Far-Reaching Precedent Addressing “On the Basis of Sex” On July 3, 2025, the Supreme Court granted certiorari in...more

Franczek P.C.

Seventh Circuit Court of Appeals to Reconsider Transgender Student Access to School Facilities

Franczek P.C. on

The Seventh Circuit Court of Appeals is reconsidering its prior decisions that had established a legal right for transgender students to access bathrooms consistent with their gender identity. The reconsideration is based on...more

Dorsey & Whitney LLP

The Supreme Court Update - July 3, 2025

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The Supreme Court of the United States granted certiorari in five cases today: Little v. Hecox; West Virginia v. B.P.J., Nos. 24-38, 24-43: These two cases will address whether states may prohibit transgender women and...more

Husch Blackwell LLP

Missouri Supreme Court Defines "Sex" in MHRA Public Accommodation Case: Potential Implications for Employers

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Last week, the Missouri Supreme Court firmly held that “sex” refers only to “one’s biological classification as male or female” under the provision of the Missouri Human Rights Act (MHRA) prohibiting discrimination in public...more

TNG Consulting

Should Schools and Colleges Remove Gender Identity Protections from Policy?

TNG Consulting on

Like many firms with a leadership think tank, our consultants collaborate to inform how we advise our clients and ATIXA’s members. Recently, we discussed the Trump Administration’s Executive Order (EO) that limits its...more

Constangy, Brooks, Smith & Prophete, LLP

EEOC may have a quorum soon: 4 things employers can expect

TL;DR: Some big changes. On Tuesday, the Trump Administration nominated Brittany Bull Panuccio to the spot on the U.S. Equal Employment Opportunity Commission that has been vacant since Keith Sonderling’s term expired last...more

Lathrop GPM

Minnesota Sues President Trump to Prevent Enforcement of Executive Orders that Seek to Restrict Rights of Transgender People

Lathrop GPM on

On April 22, 2025, the state of Minnesota filed a lawsuit against President Trump, asking the U.S. District Court for the District of Minnesota to declare two Executive Orders issued by President Trump unlawful and to enjoin...more

Venable LLP

Trump Administration Sharpens Focus on Title IX: Joint DOJ-ED Special Investigations Team to Tackle "Gender Ideology"

Venable LLP on

Last month, the Departments of Justice (DOJ) and Education (ED) announced the creation of a joint Special Investigations Team (SIT) to streamline Title IX investigations....more

Whiteford

Client Alert: Title IX vs. States' Rights: Who Will Win?

Whiteford on

Since January, multiple fundamental developments have dramatically altered the Title IX landscape, signaling a seismic shift in its interpretation and enforcement. These developments include a rapidly escalating and public...more

Fisher Phillips

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

Fisher Phillips on

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

Montgomery McCracken

Challenge to State Regulatory Rules Offering Protections for LGBTQ+ Students Filed in Pennsylvania Commonwealth Court

Montgomery McCracken on

When we wrote in August about the impact of the Supreme Court’s Loper-Bright decision on the various federal district court rulings invalidating the Department of Education’s 2024 Title IX regulations, we reminded readers...more

Fisher Phillips

So You’re Concerned About Losing Federal Funding: 3 Things Schools Should Do Right Now

Fisher Phillips on

Many K-12 and institutes of higher education are concerned about the potential threat to their federal funding given recent changes to the way the government is interpreting existing federal law to achieve certain policy...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

Jenner & Block

Client Alert: Title IX, “Gender Ideology,” and Recent Enforcement Activity: What Higher Education Institutions Need to Know

Jenner & Block on

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

Seyfarth Shaw LLP

New Visa Restrictions Target Transgender Athletes, Raising Title IX and Compliance Concerns for Colleges

Seyfarth Shaw LLP on

On February 24, 2025, Secretary of State Marco Rubio directed the State Department to deny visas to transgender athletes if their sex marker does not align with their sex assigned at birth. His directive, 25 STATE 15576,...more

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