On June 29, 2023, in the highly anticipated cases Students for Fair Admissions v. President & Fellows of Harvard College and Students for Fair Admissions v. University of North Carolina, the U.S. Supreme Court held that the...more
6/30/2023
/ Affirmative Action ,
Civil Rights Act ,
College Admissions ,
Diversity ,
Educational Institutions ,
Equal Protection ,
Fourteenth Amendment ,
Race Discrimination ,
SCOTUS ,
Students for Fair Admissions v Harvard College ,
Students for Fair Admissions v University of North Carolina ,
Title VII
The Biden Administration has recently taken steps through agency guidance, rulemaking and decision-making to highlight protections for students and employees with pregnancy-related conditions, including abortion, under the...more
10/25/2022
/ Abortion ,
Dobbs v. Jackson Women’s Health Organization ,
Educational Institutions ,
Healthcare ,
New Guidance ,
OCR ,
Pregnancy ,
Reproductive Discrimination ,
Roe v Wade ,
SCOTUS ,
Students ,
Teachers ,
Title IX
On Monday June 27, the Supreme Court issued their ruling in the case Kennedy v. Bremerton School District. (We previously reported on this case.) In a 6-3 decision penned by Justice Neil Gorsuch, the conservative majority...more
6/29/2022
/ Adverse Employment Action ,
Coaches ,
Constitutional Challenges ,
Educational Institutions ,
Employment Discrimination ,
Establishment Clause ,
First Amendment ,
Free Exercise Clause ,
Free Speech ,
Kennedy v. Bremerton School District ,
Prayer ,
Public Employees ,
Religious Expression ,
School Districts ,
SCOTUS ,
The Lemon Test
The U.S. Supreme Court recently announced that it would again consider the role race plays in college admissions by taking up two cases where race-conscious admissions policies are at issue. ...more
Student-athletes are gaining headway in their fight for additional compensation in exchange for the benefit they provide to the NCAA and its membership institutions. On Monday, the U.S. Supreme Court unanimously affirmed a...more
Yesterday, the U.S. Supreme Court issued its first opinion addressing a public school’s ability to discipline a student for off-campus, online speech. The 8-1 majority opinion in Mahanoy Area School District v. B.L., authored...more
Litigants challenging the opening of women’s restrooms and locker rooms in schools to transgender females have roundly been defeated. While the Supreme Court could always change the trend, cases like Whitcare v. Kenosha...more
2/20/2020
/ Educational Institutions ,
Gender Discrimination ,
Gender Identity ,
Gloucester County School Board v G.G. ,
LGBTQ ,
Restroom Legislation ,
Right to Privacy ,
SCOTUS ,
Sexual Orientation Discrimination ,
Student Athletes ,
Students ,
Title IX ,
Transgender
The wait for a final resolution of the legal issues surrounding transgender students will be extended as the result of a decision yesterday by the United State Supreme Court in the landmark case, Gloucester County School Bd....more
3/8/2017
/ Dear Colleague Letter ,
Department of Education ,
Gender Identity ,
Gloucester County School Board v G.G. ,
LGBTQ ,
Public Schools ,
Remand ,
School Restrooms ,
SCOTUS ,
Sex Discrimination ,
Title IX ,
Transgender ,
Trump Administration
The U.S. Department of Justice (DOJ) and Department of Education (DOE) jointly issued a statement rescinding the guidance on transgender students’ rights under Title IX issued to school districts nationwide in May. The prior...more
2/23/2017
/ Civil Rights Act ,
Department of Education ,
Department of Justice (DOJ) ,
Discrimination ,
Educational Institutions ,
Gender Discrimination ,
Gender Identity ,
Gloucester County School Board v G.G. ,
LGBTQ ,
Restroom Legislation ,
School Restrooms ,
SCOTUS ,
Sexual Orientation Discrimination ,
Students ,
Title IX ,
Transgender ,
Trump Administration
On Friday, the Trump administration signaled that it will not defend the guidance given by the U.S. Department of Justice (DOJ) and Department of Education (DOE) last May on transgender students’ rights under Title IX of the...more
2/13/2017
/ Department of Education ,
Department of Justice (DOJ) ,
Discrimination ,
Educational Institutions ,
Gloucester County School Board v G.G. ,
LGBTQ ,
Public Schools ,
School Restrooms ,
SCOTUS ,
Sexual Orientation ,
Sexual Orientation Discrimination ,
Title IX ,
Transgender ,
Trump Administration
The U.S. Court of Appeals for the Fifth Circuit decided this week that the University of Texas’s consideration of race as a factor among many factors for college and university admissions is legally permissible in Fisher v....more
The long-standing test for searching students at school requires that the search must be based on a “reasonable suspicion” that the student violated a school rule or law. A recent criminal decision from the United States...more
The U.S. Supreme Court held yesterday that a voter-approved ban on the use of race-based preferences for public university admissions does not violate the U.S. Constitution. The decision focused narrowly on whether the U.S....more