News & Analysis as of

Office of Civil Rights Gender Discrimination Gender Identity

Miller Nash LLP

New Executive Order “Keeping Men Out of Women’s Sports” Creates Challenging Questions for Oregon School Districts

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On February 5, 2025, President Trump issued an Executive Order (EO) entitled Keeping Men Out of Women’s Sports. This EO expresses strong disapproval of policies allowing transgender girls and women to participate on girls’...more

Holland & Knight LLP

Office of Civil Rights Proposes New Rule on Transgender Student Participation in Athletics

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The U.S. Department of Education's Office for Civil Rights (OCR) published on April 6, 2023, a Notice of Proposed Rulemaking (NPRM) about sex-related criteria used to limit or deny a student's ability to participate in...more

Franczek P.C.

OCR Releases Proposed Rule Updating Title IX on Student Eligibility for Athletics

Franczek P.C. on

On April 6, the Department of Education Office for Civil Rights (OCR) released its much-anticipated proposed Title IX rule on the eligibility of students for participation in athletic programs based on their gender identity....more

BCLP

Department of Education’s New Proposed Rule for Transgender Participation in Athletics

BCLP on

The participation of transgender athletes in youth, interscholastic, and elite sport has long been a highly charged political issue domestically and internationally, with a vast range of different approaches to regulating...more

Baker Donelson

Employers and Health Care Providers Take Note: Recent Announcements Forecast Increased Government Enforcement of Discrimination...

Baker Donelson on

The law regarding discrimination on the basis of "sex" continues to evolve rapidly. Perhaps sparked by last year's landmark discrimination ruling in the Bostock case and by President Biden's day-one Executive Order on...more

Pullman & Comley - School Law

OCR and DOJ Issue Clear Guidance that Denying Transgender Students Access to the Bathroom and Sports Team Corresponding to Their...

On June 22, 2021, the United States Department of Education, Office of Civil Rights (“OCR”) and the U.S. Department of Justice, Civil Rights Division (“DOJ) issued a joint Fact Sheet addressed to elementary and secondary...more

Pullman & Comley - School Law

No Question: OCR Recognizes Sexual Orientation and Gender Identity Discrimination as Violation of Title IX

In a somewhat unsurprising development, the United States Department of Education’s Office for Civil Rights [OCR] has issued a new interpretation of Title IX, recognizing that it prohibits discrimination on the basis of...more

Franczek P.C.

Is OCR’s New Approach to Trans Rights in Schools Really Inconsistent? Here’s Why It’s Not

Franczek P.C. on

On September 8, 2020, an Education Dive article quoted me about two recent letters from the U.S. Department of Education’s Office for Civil Rights (OCR) on the impact on Title IX of this year’s landmark U.S. Supreme Court...more

Pullman & Comley - School Law

No Winning: Connecticut’s Transgender Athlete Policy Deemed a Violation of Title IX

In a seismic decision that could wreak havoc with Connecticut school districts, OCR has determined that the Connecticut Interscholastic Athletic Conference [CIAC] policy on transgender athletes violates Title IX of the...more

Franczek P.C.

More Title IX Turmoil: OCR Athletics Decision Puts Transgender Rights in Flux

Franczek P.C. on

It seems like all we talk about these days in the Title IX world is sexual harassment, as we scramble to implement new Title IX regulations that go into effect in August. Yet, this week brought significant news with respect...more

Holland & Knight LLP

Office for Civil Rights Issues New Instructions on Transgender Student Complaints

Holland & Knight LLP on

Changing course on complaints involving transgender students, the U.S. Department of Education's Office for Civil Rights (OCR) recently issued new field instructions to its regional staff excluding discrimination claims based...more

Saul Ewing LLP

More Than A “Bathroom Mandate”: Gender Identity Discrimination Under Titles VII And IX In The Trump Era

Saul Ewing LLP on

In May 2016, the Obama Administration’s U.S. Department of Justice’s Civil Rights Division and U.S. Department of Education’s Office for Civil Rights issued a Dear Colleague letter directing schools to recognize and treat...more

K&L Gates LLP

Title IX Implications for Higher Education Institutions Over Peer Gender-Based Harassment

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Many higher education institutions are well-versed in Title IX compliance and litigation issues as they relate to gender discrimination claims on account of university conduct, or claims arising out of sexual assaults on...more

Hinshaw & Culbertson LLP

Federal Government Issues Guidance to Schools on Title IX and Transgender Students

In a move that made headlines across the country, two federal government agencies issued a significant guidance document last week interpreting Title IX's requirements for protecting transgender students' rights....more

Holland & Knight LLP

Federal Government Provides Schools New Guidance Regarding Transgender Students

Holland & Knight LLP on

Two divisions of the federal government have weighed in on the recent legal controversies surrounding accommodations for transgender students. The U.S. Department of Education's Office for Civil Rights (OCR) and the U.S....more

Clark Hill PLC

United States Fourth Circuit Court of Appeals Adopts OCR's Title IX Gender Identity Interpretation for Transgender Students'...

Clark Hill PLC on

A majority panel of three judges in GG v Gloucester County School Board, U.S. Court of Appeals 4th Cir. Case No. 15-2056 (April 19, 2016), reversed a federal trial court's decision, endorsed the Office of Civil Rights'...more

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