Education Civil Rights

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Seventh Circuit Could Up-End Approach to Sexual Orientation Discrimination

On November 30, 2016, all of the judges of the Seventh Circuit Court of Appeals (covering Illinois, Indiana, and Wisconsin) reheard a case that could change the way federal courts treat sexual orientation-based discrimination...more

Whistleblowers on Campus: DOJ Adds Research Universities to its False Claims Act Focus

Federal funding is the grand prize for higher education research institutions. Each year, the federal government pumps hundreds of millions of dollars in research grants and awards into the university system. These funds are...more

The Case of the Vanishing § 1292(b) Certification

Nothing about the Seventh Circuit’s recent per curiam decision in Kenosha Unified School District No. 1 Board of Education v. Whitaker, No. 16-8019 (7th Cir. Nov. 14, 2016), could be considered much of a mystery, but file the...more

Supreme Court Update: Order List November 2016

The Court has been relatively quiet since our last missive—we're still waiting for the first signed opinion of the term—but we suspect your minds have been focused on other branches of government over the last few weeks...more

Supreme Court to Rule on Case Addressing Bathroom Access Based on Gender Identity

On October 28, 2016, the U.S. Supreme Court agreed to hear an appeal in the matter of Gloucester County School Board v. G.G., which asks the Court to weigh in on the issue of restroom access for transgender students. The...more

Trump and Transgender Student Rights — An Early Decision For The President-Elect In Gloucester County School Board v. G.G.?

Well here we are. We will soon have a new president. As we move away from the “hows” and “whys” of the election and on to the “whats” of President-Elect Trump’s impending presidency there are a wide-number of education law...more

Title IX Enforcement: Potential Changes for Schools and Universities

Schools and universities should be informed that Title IX enforcement in the area of campus sexual assault might be scaled back or even eliminated under the new Trump administration. This is particularly significant for...more

United States Supreme Court to Review Student Transgender Bathroom Access Case

On October 28, 2016, the Justices of the United States Supreme Court announced that they would hear the appeal of the Gloucester County School Board's appeal from the United States Court of Appeals for the Fourth Circuit in...more

United States Supreme Court to Hear Case Concerning Transgender Student Rights under Title IX

Amid a national background of litigation concerning the U.S. Department of Education’s directives involving the rights of transgender students, on October 28, 2016, the Supreme Court of the United States granted certiorari to...more

CFPB issues Fall 2016 Supervisory Highlights

In its Fall 2016 Supervisory Highlights, which covers supervision work generally completed between May and August 2016, the CFPB highlights violations found by its examiners involving origination and servicing of auto...more

Revitalization Act Held to Grant Whistleblower Implied Private Right of Action

On October 24, 2016 the New York Supreme Court, Kings County entered a decision allowing a former employee to proceed with a lawsuit against a not-for-profit, private college preparatory school and its headmaster alleging...more

Shipman & Goodwin Attorneys Presenting at the 2016 CT Association of Boards of Education (CABE)/CT Association of Public School...

The most important benefit of attending the Annual CABE/CAPSS Convention is the valuable information you take home to your community. The ideas and strategies you learn through networking with fellow board members and...more

Supreme Court Agrees to Review Transgender Restroom Use

Last week, the U.S. Supreme Court accepted review of a Fourth Circuit Court of Appeals decision that could determine whether transgender status is a protected classification under federal civil rights laws. In Gloucester Sch....more

U.S. Department of Education Finds Students Accused of Sexual Misconduct Had Title IX Rights Violated by Wesley College

The U.S. Department of Education recently announced that Wesley College, a private, liberal arts university in Dover, Delaware, violated Title IX of the Education Amendments of 1972 (“Title IX”) by allegedly disregarding the...more

Title IX and due process: ED tells Wesley that accused student not treated fairly

In a rare move, the Department of Education announced on October 12, 2016, its determination that Wesley College in Delaware had violated Title IX by failing to provide appropriate procedural protections to a student accused...more

Restroom Access and Transgender Issues in the Workplace Go Supreme

I still remain amazed at the sold-out crowd we had at last week’s Labor & Employment Law seminar. Well over 250 people registered for the program and I kind of wanted to whisper to people: “You know this is just a LEGAL...more

U.S. Supreme Court to Hear Transgender Student Case

The U.S. Supreme Court has agreed to hear oral argument in one of the high-profile challenges to the legality of the Dear Colleague Letter (“DCL”) jointly issued by the U.S. Departments of Justice and Education on May 13,...more

U.S. Supreme Court Agrees to Hear Transgender Bathroom Case

Questions regarding bathroom access for transgender individuals have been among the most prevalent in American society in the last year. We have written about this topic on several occasions recently due to activity in...more

U.S. Supreme Court To Rule Upon Transgender Student Issue

In the latest development of transgender student issues, the United States Supreme Court agreed to review the ruling of the Fourth Circuit Court of Appeals in the matter of Gloucester County School Board v. G.G., 822 F.3d 709...more

Supreme Court Will Review Fourth Circuit Decision in Transgender Student’s Rights Case

On October 28, 2016 the United States Supreme Court agreed to review the Fourth Circuit’s decision in Gloucester County School Board v. G.G. This case is about whether a Virginia School Board’s policy limiting students’...more

Breaking: Supreme Court to Weigh in on Transgender Restroom Access in Schools

The U.S. Supreme Court on Friday accepted a closely watched case over restroom access for transgender students. Gloucester County School Board v. G.G., will examine whether the Title IX education code’s prohibition on “sex”...more

Eighth Circuit Reinstates FCA Case Over Changed College Grades, Attendance Records

Can changing grades and attendance records be actionable under the False Claims Act (FCA)? According to the Eighth Circuit, the answer is yes. Specifically, in United States ex rel. Miller v. Weston Educational, Inc., two...more

"Employment Flash - October 2016"

Spotlight on Whistleblower Protections - On October 24, 2016, the Securities and Exchange Commission (SEC) issued a “risk alert” regarding SEC registrants’ compliance with Rule 21 F-17, which implements Section 21F of...more

Eleventh Circuit Says No to Applicant Disparate Impact Age Discrimination Claims

How would your company react if legal counsel advised you that the mere act of recruiting on college campuses exposes the business to class action employment discrimination claims? Fortunately, this scenario will not happen...more

Texas Judge Clarifies Scope of Transgender Guidance Injunction; Feds Appeal to 5th Circuit

We have been tracking the development of litigation concerning rights, obligations, and duties with regard to transgender students as cases unfold across the country. Earlier this summer, Texas and twelve other states...more

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