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High Court Finds UT Austin Race-Conscious Admissions Process Constitutional

In a 4-3 decision on Thursday, June 23, 2016, the United States Supreme Court upheld the University of Texas’s (UT) race-conscious admissions program. The decision addressed only UT’s specific admissions policy in effect...more

Fisher, the Sequel: Supreme Court Upholds Public University’s Affirmative Action Program

On June 23, 2016, the Supreme Court of the United States ruled that the race-conscious admission program that a public university used for undergraduate admissions was lawful under the Equal Protection Clause of the...more

United States Supreme Court Approves Race-Conscious Admissions Policy

On June 23, 2016, in its second trip to the United States Supreme Court, the High Court ruled in Fisher v. University of Texas at Austin, et al. No. 14-981 (June 23, 2016) that the University of Texas’ (“UT”) race-conscious...more

Former Yale Basketball Captain Sues University Over Sexual Misconduct Expulsion

Jack Montague, who was expelled from Yale University earlier this year following his involvement in an alleged sexual assault, recently filed a lawsuit against the University for allegedly mishandling the investigation and...more

Supreme Court Upholds University of Texas Affirmative Action Admissions Policy

The Supreme Court has rejected a challenge under the Equal Protection Clause to the University of Texas at Austin’s race-conscious admissions program in Fisher v. University of Texas at Austin (“Fisher II”). This...more

University’s Race-Conscious Admissions Program Upheld by Supreme Court

The U.S. Supreme Court today affirmed the University of Texas at Austin's admissions program, which permits consideration of an applicant’s race as one of a number of factors in admissions decisions. Justice Kennedy authored...more

Supreme Court Reaffirms University's Race-Conscious Admissions Policy

In a much-anticipated decision, the U.S. Supreme Court upheld the University of Texas at Austin's race-conscious undergraduate admissions policy. That policy applies to roughly 25 percent of the incoming class. The other 75...more

United States Supreme Court Upholds University of Texas Affirmative Action Policy

In a 4-3 decision released today, in Fisher v. University of Texas at Austin, the United States Supreme Court affirmed that the University’s race-conscious admissions policy meets strict judicial scrutiny and is lawful under...more

Appeals Court Holds that Title IX Requires Schools to Provide Transgender Students Access to Restrooms Congruent with their Gender...

G. G. v. Gloucester County School Board, 2016 U.S. App. LEXIS 7026 (4th Cir. Va. Apr. 19, 2016). A three-judge panel of the Court of Appeals for the Fourth Circuit reverses the lower court’s dismissal of a transgender boy’s...more

Fourth Circuit Decides Case on Transgender Students’ Rights

On April 19, 2016, the Fourth Circuit Court of Appeals issued a decision addressing transgender and gender nonconforming students. In G.G. v. Gloucester County School Board the Fourth Court was presented with the question of...more

Fourth Circuit Holds that “Sex” Under Title IX Incorporates Gender Identity

Seyfarth Synopsis: The Fourth Circuit in a case of first impression held that Title IX entitles transgender students to use the bathroom that matches their gender identity. Though that ruling only discusses Title IX, the...more

Special Report: How Should NC Employers Apply Restroom Policies Following HB2?

The Public Facilities Privacy & Security Act, commonly known as HB2, continues to generate controversy and confusion. The new law has caused many employers to reexamine their policies with regard to restroom use by employees...more

Fourth Circuit Holds that Title IX Protects Transgender Student’s Right to Use Men’s Restroom Consistent With the Student's Gender...

The U.S. Court of Appeals for the Fourth Circuit holds that Title IX protects a transgender student’s right to use the restroom that aligns with the student’s gender identity. The Fourth Circuit has become the first...more

Restoring the Balance: Lessons from the Human Rights Appeal of Mihaly v Association of Professional Engineers and Geoscientists of...

We had earlier provided clients with a brief summary of the Mihaly decision on January 27, 2016. This article is a follow-up and includes some of the top lessons for regulators and their legal counsel. When it comes to...more

G.G. v. Gloucester County School Board – A Tipping Point on Transgender Student Access Issues?

Have we reached a judicial tipping point on transgender student bathroom and locker room access issues? Perhaps we have. On April 19, 2016, the Fourth Circuit Court of Appeals – the federal circuit court with...more

The Fourth Circuit Court of Appeals Sets Precedent, Undermining Rationale For Anti-Transgender Legislation and Policies

On Tuesday, the Court of Appeals for the Fourth Circuit issued a 2-1 ruling in Grimm v. Gloucester County School Board, No. 15-2056, finding that a transgender student has the right to sue his school board under Title IX for...more

Fourth Circuit Rules that Title IX Extends to Transgender Bathroom Access

On April 19, 2016, the Fourth Circuit Court of Appeals issued an opinion that is likely to have a significant impact on the rights of transgender students. In G.G. ex rel. Grimm v. Gloucester County School Board, No. 15-2056...more

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

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

California Appellate Court Finds College Student Accused of Sexual Assault Was Denied Due Process

In a ruling sure to reverberate on college campuses across the nation, a California appeals court unanimously reversed the trial court’s ruling in Doe v. Univ. of Southern California. In Doe, a student (“Doe”) sued the...more

Federal Court of Appeals Defers to OCR and Concludes Title IX Permits Transgender Students to Use Restrooms Based on Gender...

In a closely watched case, the federal Court of Appeals for the Fourth Circuit reversed a lower court decision and, in a 2-1 split opinion, held that, based on guidance from the federal Office for Civil Rights (OCR) within...more

First Federal Appeals Court Rules that Title IX Applies in Transgender Bathroom Case

Yesterday, in a landmark ruling, a federal appellate court decided that under Title IX a transgender student can challenge a school board policy that limits bathroom and locker room access based on biological sex. The United...more

Sixth Circuit Rules that the "Deliberate Indifference" Standard Still Matters in Title IX Harassment Litigation

In Stiles v. Granger County Board of Education, the United States Sixth Circuit Court of Appeals affirmed dismissal of a Title IX lawsuit against a public school district because the alleged victim of harassment and bullying...more

Employment Law Letter - Spring 2016

Will Smoking Pot on the Job Get You Fired? You’d think that would be a slam dunk question, but if you’re a state employee whose union is willing to take your case to an arbitrator, apparently it isn’t. Back in 2012,...more

“Mattress Performance” Title IX Lawsuit Against Columbia Is Dismissed

Last May, a former Columbia University student sued the university over the circumstances around Emma Sulkowicz’s widely publicized “Mattress Project,” in which Sulkowicz vowed to carry a mattress around campus so long as the...more

Case Permits Possible Disclosure of Student Records by California Department of Education

School Districts Should Notify Parents About April 1 Opt-Out Deadline - A federal judge has ordered the California Department of Education to release information about students who are attending, or who have attended,...more

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