News & Analysis as of

Title IX Hostile Environment

Husch Blackwell LLP

DOJ Issues Sweeping Guidance on "Illegal DEI": Key Legal Risks and Compliance Priorities for Federal Funds Recipients

Husch Blackwell LLP on

On July 29, 2025, the Department of Justice (DOJ) issued updated guidance setting forth the administration’s position on how federal antidiscrimination laws—including Title VI and Title VII of the Civil Rights Act of 1964 and...more

Tucker Arensberg, P.C.

Failure to Address Harassment Supports Discrimination Claims

Tucker Arensberg, P.C. on

Jane Doe v. Riverside Sch. Dist., 2024 U.S. Dist. LEXIS 231380 (M.D. Pa., Dec. 23, 2024).  After a classmate was convicted for sexual assault of a student outside of school, the student’s family alleged the School District...more

TNG Consulting

A Practitioner-Focused Framework for Civil Rights Compliance 

TNG Consulting on

On January 14, 2025, the Department of Education Office for Civil Rights (OCR) announced a resolution agreement with the University of Washington following a Title VI complaint of alleged discrimination and harassment based...more

TNG Consulting

Embracing the In-House Culture Assessment 

TNG Consulting on

Consequent to increasing sectarian tensions on campus, ATIXA members tell us they are seeing a rise in anonymous racist, homophobic, transphobic, Islamophobic, pro/anti-Israel messages, and other discriminatory comments...more

Carlton Fields

Eleventh Circuit Narrows Scope of Employee Title IX Claims

Carlton Fields on

Last week, the U.S. Court of Appeals for the Eleventh Circuit ruled that Title IX of the Education Amendments of 1972 does not provide an implied right of action for sex discrimination in employment. This decision deepens an...more

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

Different School of Thought, Part IV: Partial Stays of Injunctions Against Enforcement of New Title IX Regs Requested From Supreme...

On July 22, 2024, Solicitor General of the United States Elizabeth B. Prelogar submitted applications to the Supreme Court of the United States for a partial stay of two preliminary injunctions issued, respectively, by the...more

Miller Canfield

Michigan Supreme Court: Student-on-Student Harassment Not a Recognized Claim

Miller Canfield on

Can a student harassed by another student bring a lawsuit against the school for allegedly creating a hostile environment under state law? On July 29, 2024, the Michigan Supreme Court answered no....more

Bricker Graydon LLP

Kentucky District Court Blocks Implementation of 2024 Title IX Regulations in Kentucky, Ohio, Indiana, Tennessee, Virginia, and...

Bricker Graydon LLP on

A federal judge in the Eastern District of Kentucky has enjoined the United States Department of Education from implementing or enforcing the 2024 Title IX regulations. The injunction is limited to the states of Tennessee,...more

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

Different School of Thought: 15 States Sue to Challenge 2024 Title IX Regulations

As previously discussed in our four-part series, on April 19, 2024, the U.S. Department of Education released final Title IX regulations that apply to complaints of sex discrimination occurring on or after the effective date...more

Pillsbury Winthrop Shaw Pittman LLP

Biden Administration Publishes Final Version of Title IX Regulations

The New Rules expand the scope of Title IX and change requirements for schools. The New Rules expand the definitions of sex-based harassment and hostile environment harassment and cover certain off-campus conduct....more

Fox Rothschild LLP

Title IX Amendments: What School Administrators Need to Know Now

Fox Rothschild LLP on

The U.S. Department of Education has released long-awaited amendments to the Title IX regulations that will take effect Aug. 1, 2024. The amended regulations, released April 19, significantly broaden the protections of Title...more

Adams & Reese

Long Awaited Updated Title IX Regulations Released – What Does it Mean for Your School?

Adams & Reese on

On Friday, April 19, 2024, the United States Department of Education (USDoEd) released the final version (“final rule”) of its amendments to the regulations implementing Title IX. Title IX has now been significantly amended...more

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

Reeducating Educators on Discrimination Processes: the U.S. Department of Education Issues New Title IX Sex and Gender...

The final regulations amend § 34 C.F.R. 106.1, et seq. According to a statement from the Department announcing the final rule, “The unofficial version of the final regulations is available here. In addition, the Department...more

TNG Consulting

Judge Permits Title VII Lawsuit Against K-12 School District for Harassment of Transgender Teacher

TNG Consulting on

Jennifer Eller, a transgender teacher in the Prince George’s County Public Schools (PGCPS), sued the system for violations of the 14th Amendment, Title VII, Title IX, and the Maryland Fair Employment Practices Act. Eller...more

Pietragallo Gordon Alfano Bosick & Raspanti,...

The U.S. Department Of Education’s Proposed Title IX Regulations: Expanding The Scope And Offering Options For Higher Education...

Takeaway: The latest proposed amendments to the Title IX regulations would expand the scope of Title IX (by geography, time, and type of sex discrimination), create new obligations for higher education institutions, and...more

Harris Beach Murtha PLLC

Proposed Regulations Issued Last Month by United States Department of Education Would Require Schools to Significantly Update...

In celebration of the 50th anniversary of Title IX, the U.S. Department of Education released for public comment on June 23, 2022 proposed changes to the Title IX regulations applicable to elementary and secondary schools, as...more

Pillsbury Winthrop Shaw Pittman LLP

Department of Education Proposes New Regulations Under Title IX

The Department of Education has proposed new regulations overhauling Trump-era rules governing how schools must respond to sex-based discrimination. The proposed rules expand the definitions of sex discrimination,...more

Husch Blackwell LLP

Department of Education Proposes Major Overhaul of Title IX Rules and Regulations

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On June 23, 2022—exactly fifty years after Title IX of the Education Amendments of 1972 became the law of the land—the U.S. Department of Education (ED) released its latest and much anticipated Title IX Notice of Proposed...more

Holland & Knight LLP

Religious Institutions Update: October 2021

Holland & Knight LLP on

Morals Clause Ruled Not Within Title VII Religious Exemptions Title VII of the Civil Rights Act of 1964 makes it unlawful "to fail or refuse to hire or to discharge any individual, or otherwise to discriminate against any...more

Fisher Phillips

Disciplining Faculty in a Public Higher Education Setting: Growing Number of Jurisdictions Recognize “Academic Exception”

Fisher Phillips on

Can a public university discipline a professor for refusing to address a student by the student’s preferred pronoun? If so, can the professor defend his conduct by alleging his religious beliefs prohibit him from recognizing...more

McAfee & Taft

Tips for handling discrimination and harassment reports in remote and online environments

McAfee & Taft on

Now more than ever, employers are facing difficult decisions concerning workforce operations. Arguably, their most immediate attention is directed to on-site safety protocols, remote workforce policies, information and data...more

TNG Consulting

Vocal Coach’s Concerns of Disparate Treatment Insufficient to Undo her Dismissal

TNG Consulting on

Warmington v. Board of Regents of the Univ. of Minnesota U.S. Dist. Ct., D. Minn. (April 21, 2020) - PROCEDURAL HISTORY:  Warmington, a highly accomplished and nationally recognized track and field coach, resigned in...more

Pullman & Comley - Labor, Employment and...

Nothing But Net: Title IX and Employment Discrimination in Piscitelli v. University of Saint Joseph

A federal judge in Connecticut has entered judgment in favor of the University of St. Joseph in an employment-discrimination lawsuit that was brought pursuant to Title IX of the Education Amendments of 1972 [“Title IX”]. ...more

Holland & Knight LLP

Religious Institutions Update: December 2019 - Lex Est Sanctio Sancta

Holland & Knight LLP on

Key Cases - School States Claim Against State Superintendent for Unconstitutional Discrimination In Bethel Ministries, Inc. v. Salmon, No. SAG-19-01853, 2019 WL 6034988 (D. Md. Nov. 14, 2019), the court denied Maryland...more

Franczek P.C.

What Title IX Administrators At All Levels Can Learn From Recent Sexual Assault Charges Against 10-Year-Old for Playground Tag...

Franczek P.C. on

My calendar has been full these past weeks with administrator trainings on Title IX, and one of the issues repeatedly raised is how age and maturity impact the analysis of whether conduct is sexual in nature. A recent report...more

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