News & Analysis as of

Students Title VII Educational Institutions

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

FordHarrison

Crackdown on Antisemitism in Education is Not Just Limited to Students

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Real World Impact: In light of recent government actions directed at ensuring educational institutions protect their faculty and staff, as well as students, from antisemitism, such employers should ensure they are familiar...more

Bricker Graydon LLP

[Webinar] Compliance Briefing: Ohio Bathroom Bill (SB 104) (Higher Education) - January 16th, 12:00 pm - 1:00 pm ET

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On November 27, 2024, Ohio Governor DeWine signed Senate Bill 104 (“S.B. 104”), which will take effect on February 25, 2025. This bill touches every corner of campus – from academic buildings to residence halls, from...more

Bricker Graydon LLP

Ohio’s Bathroom Bill and the EEOC

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Back in November 2024, Ohio Governor Mike DeWine signed into law SB 104, colloquially known as the "Bathroom Bill." This law--which goes into effect on February 25, 2025--provides specific guidelines for restroom, locker...more

Bradley Arant Boult Cummings LLP

11th Circuit Speaks: No Implied Right of Action for Employees Under Title IX for Sex Discrimination

The 11th Circuit has spoken on a topic with divergent views among the circuits – finding that Title IX does not provide an implied right of action for sex discrimination. In so doing, it affirmed summary judgment for the...more

Kohrman Jackson & Krantz LLP

Discrimination in Education: Do You Have a Title IX claim, a Title VII claim, or Can You Bring Both?

Title VII of the Civil Rights Act of 1964 (Title VII) and Title IX of the Education Amendments of 1972 (Title IX) both act to prevent discrimination. While Title VII governs employment relationships; Title IX applies in...more

Kohrman Jackson & Krantz LLP

CLIENT ALERT: Biden Administration Releases Long-Awaited Title IX Regulations

On April 19, 2024, the Biden Administration released its long-awaited overhaul of the Title IX regulations governing investigations of alleged sexual misconduct and sex discrimination in federally-funded education programs....more

TNG Consulting

I Like Spaghetti, But Not in Title IX Hearings

TNG Consulting on

A client recently asked The FAIR Center to staff a hearing panel on a complex set of allegations against a tenured faculty member. I chaired the panel along with two of the client’s panelists from their own internal pool, so...more

Pullman & Comley - School Law

Connecticut State Department of Education Issues New Transgender Student Guidance

Late last week the Connecticut State Department of Education (“CSDE” or “Department”) issued new guidance addressing the rights of transgender students in Connecticut schools.  Entitled Guidance on Civil Rights Protections...more

Venable LLP

Between a Rock and a Hard Place: The Legal Debate Over Preferred Pronoun Usage in the Classroom Continues with Institutions of...

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In a July 28, 2023 ruling, the Seventh Circuit has signaled that Institutions of Higher Education (IHEs) seeking to enforce pronoun policies can expect to face increased scrutiny. Specifically, the Seventh Circuit vacated its...more

Morgan Lewis

Supreme Court Hears Oral Argument in Challenge to Harvard and UNC Race-Conscious Admission Programs

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The US Supreme Court on October 31 debated the legality of race-conscious admission programs used by Harvard University and the University of North Carolina. The decisions in these highly watched cases could have broad...more

Bond Schoeneck & King PLLC

Implications for Colleges and Universities of Expanded Legal Protections for LGBTQ+ Students, Faculty and Staff

In its Bostock v. Clayton County, Georgia ruling in June 2020, the U.S. Supreme Court ruled that the prohibition on “sex” discrimination under Title VII of the Civil Rights Act of 1964 encompasses discrimination on the basis...more

Steptoe & Johnson PLLC

Title IX Applies to Cases Involving Sexual Orientation and Gender Identity, Department of Education Advises

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In an apparent reversal of a Memorandum issued late in the term of the prior administration, the U.S. Department of Education has issued an interpretation of Title IX, emphasizing that the law prohibits discrimination based...more

Franczek P.C.

Supreme Court Asked to Give Schools Much-Needed Guidance on Title IX and Transgender Rights

Franczek P.C. on

We have been speculating for quite some time now about what the U.S. Supreme Court will do with Title IX after its decision last term in Bostock v. Clayton County, Georgia. The landmark Bostock decision held that Title VII of...more

Bricker Graydon LLP

New executive order aligns Title IX with Bostock decision

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After months of speculation as to how a new administration may enforce Title IX, newly inaugurated President Biden wasted no time in addressing the matter. On his first day in office, he issued seventeen executive orders,...more

Franczek P.C.

Coronavirus, Fear, and Racial Harassment: OCR Warns Educational Institutions It Is Watching

Franczek P.C. on

The U.S. Department of Education’s Office for Civil Rights (OCR) issued a statement yesterday reminding schools, colleges, and universities of their responsibilities to address discrimination and harassment based on race and...more

Franczek P.C.

Does Your Technology Make the Grade with English Learners? New ED Guidance Can Help

Franczek P.C. on

The numbers of English learner (“EL”) students is rising throughout the country, even in small, rural districts. A similar rise has been seen in the use of technology in the classroom....more

Ballard Spahr LLP

What Remedy for Transgender Students if HHS Succeeds in Narrowly Redefining Gender Under Title IX?

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The U.S. Department of Health and Human Services (HHS) recently revealed the agency's proposal to narrow the legal definition of sex under Title IX, the federal civil rights law that bans discrimination based on sex in...more

K&L Gates LLP

Reverse Gender Discrimination Under Title IX

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Issues of student sexual misconduct on university campuses continue to be of great concern for universities nationwide. Even when a university has implemented thoughtfully constructed grievance procedures it may have to...more

FordHarrison

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

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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

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