News & Analysis as of

Universities Title VII Sex Discrimination

Proskauer - Government Contractor Compliance...

Attorney General Pam Bondi Issues DEI Guidance to Recipients of Federal Funds

On July 29, 2025, Attorney General Pam Bondi issued a memorandum titled “Guidance for Recipients of Federal Funding Regarding Unlawful Discrimination” (the “Memorandum”), responding to the federal government’s recent...more

Dorsey & Whitney LLP

Department of Justice Launches “Civil Rights Fraud Initiative” to Target DEI Through False Claims Act

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On Monday, May 19, 2025, Department of Justice (“DOJ”) Deputy Attorney General Todd Blanche issued a memorandum establishing the “Civil Rights Fraud Initiative” (the “Memorandum”), in the latest signal that DOJ intends to...more

Constangy, Brooks, Smith & Prophete, LLP

Can you take action against an employee for being a pain in the you-know-what?

At least one court says yes. True confession: When I was a little future lawyer, I was sometimes a pain. (So, Robin, you’re saying your personality hasn't changed in all these years?) When I was being especially “high...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

Parker Poe Adams & Bernstein LLP

Eleventh Circuit Says No Implied Right of Action for Employees Under Title IX

Title IX of the Education Amendments of 1972 prohibits sex discrimination in educational institutions that receive federal funding. For years, federal courts have interpreted Title IX to include an implied right of action for...more

Bricker Graydon LLP

[Webinar] Drafting a Notice of Investigation for Civil Rights/Title IX Cases - October 18th, 1:00 pm - 2:00 pm EST

Bricker Graydon LLP on

At the outset of a discrimination or harassment investigation, institutions of higher education send a notice of the investigation to the parties. What must be in the notice? What should be in the notice? Higher Ed team...more

Holland & Knight LLP

U.S. Department of Education Proposes New Title IX Regulations

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The Biden Administration's Department of Education issued a new Notice of Proposed Rulemaking (NPRM) on June 23, 2022 – the 50th anniversary of the day Title IX was signed into law – intended to overhaul the Trump...more

Bowditch & Dewey

Sex Discrimination Claims by Higher Ed Employees Viable Under Title IX

Bowditch & Dewey on

Title IX prohibits discrimination based on sex against any person, not just students. Although federal courts are split, the First Circuit has held that a Title VII claim does not preempt a plaintiff’s Title IX claim. When an...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

Holland & Knight LLP

Religious Institutions Update: June 2018 - Lex Est Sanctio Sancta

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Since 1990, the U.S. Supreme Court has expressly construed a neutral law of general applicability as consistent with the free exercise clause. Deeming Colorado's public accommodations law just such a law, the Colorado Court...more

Haynsworth Sinkler Boyd, P.A.

What Can Employers Glean from the DOE’s and the DOJ’s Position on the Provision of Transgender Bathrooms under Title IX?

On February 22, 2017, the Department of Justice and the Department of Education issued a “Dear Colleague” letter withdrawing the statements of policy and guidance issued by the Department of Education on January 7, 2015 and...more

Seyfarth Shaw LLP

College Basketball Players Can Bring Sexual Orientation Claim Under Federal Law, And Why Employers Should Pay Attention

Seyfarth Shaw LLP on

In the months since the EEOC’s landmark ruling in Baldwin v Foxx, the looming question has been: Would federal courts adopt the Commission’s position that claims of sexual orientation discrimination were cognizable under...more

Pullman & Comley - School Law

Making Bad Choices: Title IX, Title VII and Ludlow V. Northwestern University

A prior post considered the case of Ha v. Northwestern University, in which the plaintiff claimed that Northwestern had violated Title IX by insufficiently disciplining one of its professors, Peter Ludlow, despite concluding...more

McAfee & Taft

What employers need to know about transgender discrimination

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Recent developments in the area of transgender rights should put employers on notice that government agencies are serious about eliminating this type of discrimination. DOJ steps in to sue university in Oklahoma - ...more

McAfee & Taft

Justice Department sues university in Oklahoma on behalf of transgender professor

McAfee & Taft on

One of the Equal Employment Opportunity Commission’s stated 2015 priorities is applying Title VII’s sex discrimination protection to lesbian, gay, bisexual and transgender individuals. This focus is illustrated by a recent...more

U.S. Equal Employment Opportunity Commission...

Justice Department Files Lawsuit Alleging that Southeastern Oklahoma State University Discriminated Against Transgender Woman

WASHINGTON - The Justice Department announced today the filing of a lawsuit against Southeastern Oklahoma State University (Southeastern) and the Regional University System of Oklahoma (RUSO) for violating Title VII of the...more

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