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Equal Protection › Students

The Equal Protection Clause is a section of the 14th Amendment to the United States Constitution that provides that "no state shall...deny to any citizen within its jurisdiction the equal protection of the... more +
The Equal Protection Clause is a section of the 14th Amendment to the United States Constitution that provides that "no state shall...deny to any citizen within its jurisdiction the equal protection of the laws." Essentially, the Equal Protection Clause provides that the government must treat an individual the same way that it treats other individuals in the same circumstances. The 14th Amendment Equal Protection Clause applies only to state governments, but the requirements of the clause apply to the federal government through the Due Process Clause of the 5th Amendment. less -
Pullman & Comley - School Law

Connecticut State Department of Education Issues New Transgender Student Guidance

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Late last week the Connecticut State Department of Education (“CSDE” or “Department”) issued new guidance addressing the rights of transgender students in Connecticut schools.  Entitled Guidance on Civil Rights Protections...more

Benesch

Public Dollars, Private Discrimination: Protecting LGBT Students from School Voucher Discrimination

Benesch on

More than a dozen states operate school voucher programs, which allow parents to apply state tax dollars to their children’s private school tuition. Many schools that participate in voucher programs are affiliated with...more

Jackson Lewis P.C.

U.S. Department of Education Office Publishes Guidance on Race in Admissions, School Programming

Jackson Lewis P.C. on

The U.S. Department of Education Office for Civil Rights (OCR) and the U.S. Department of Justice Civil Rights Division have published a joint Dear Colleague Letter (Joint OCR and DOJ DCL) that, together with a Q&A, provides...more

Woods Rogers

Admissions After Affirmative Action: What’s Next in Higher Ed

Woods Rogers on

In a landmark decision on June 29, 2023, the US Supreme Court ended decades of precedent by putting an end to affirmative action in university and college admissions. The public, prospective students, and especially higher...more

Cranfill Sumner LLP

Ensuring Your Student Dress Code Does Not Skirt Equal Protection Laws and Title IX

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The Supreme Court denied a North Carolina charter school’s petition for review of the Fourth Circuit Court of Appeals’ ruling that the school’s dress code requirements violated students’ civil rights, the Equal Protection...more

Jenner & Block

[Webinar] Post-SFFA Briefing: Risks and Strategies for Corporations after the Supreme Court’s Decision in Students for Fair...

Jenner & Block on

Please join us for a briefing on the US Supreme Court’s decision in Students for Fair Admissions v. Harvard (SFFA). In this webinar, Partners Ishan K. Bhabha and Lauren J. Hartz and Special Counsel Marcus A.R. Childress will...more

Bass, Berry & Sims PLC

Supreme Court Ends Use of Race as a Factor in College Admissions

Bass, Berry & Sims PLC on

In a much-anticipated decision, the Supreme Court last week ended the use of race as a factor in college admissions, effectively overturning its precedent in Grutter v. Bollinger. In a vote of 6-3, the Court held that the...more

McGlinchey Stafford

The End of Affirmative Action?

McGlinchey Stafford on

The Supreme Court’s decision was rendered in a pair of cases brought by a group called Students for Fair Admissions (SFFA) challenging the admissions policies of Harvard and the University of North Carolina. SFFA argued that...more

Jackson Lewis P.C.

U.S. Supreme Court Holds Use of Race In Admissions By College, University Is Unconstitutional

Jackson Lewis P.C. on

The use of race in admissions by Harvard College and the University of North Carolina (UNC) is unconstitutional, the U.S. Supreme Court has held in a decision written by Chief Justice John Roberts. Students for Fair...more

Fox Rothschild LLP

After High Court’s Affirmative Action Rulings, Schools Must Review Admissions Policies

Fox Rothschild LLP on

The pair of highly anticipated affirmative action decisions handed down by the U.S. Supreme Court this week will immediately affect admissions policies at institutions of higher education across the nation. Any institution...more

Warner Norcross + Judd

SCOTUS Strikes Down Affirmative Action

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Today, in Students for Fair Admissions, Inc. v. President and Fellows of Harvard College, the United States Supreme Court declared that race-based college admissions systems, otherwise known as affirmative action, are...more

Bowditch & Dewey

Supreme Court Blocks Use of Race in College Admissions

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Yesterday, the U.S. Supreme Court ruled that use of race in college and university admissions violates the Equal Protection Clause of the 14th Amendment. The decision, Students for Fair Admissions vs. President and Fellows of...more

Husch Blackwell LLP

Supreme Court Prohibits Consideration of Race in College Admissions

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The Supreme Court of the United States issued a decision prohibiting direct consideration of race in college and university admissions. The Court held that the race-conscious admissions programs at Harvard University and the...more

Fisher Phillips

Recent Ruling on School’s Transgender Bathroom Policy Leads to Divide Among Federal Appeals Courts: Will SCOTUS Weigh In?

Fisher Phillips on

A Florida public school’s transgender bathroom ban was recently upheld by a federal appeals court, leading to a circuit split that may need to be resolved by the U.S. Supreme Court. Specifically, in a 7-4 ruling, the 11th...more

Bowditch & Dewey

The 11th Circuit Flushes Away Rights to Bathroom Access in Schools

Bowditch & Dewey on

A federal appeals court in Florida recently weighed in on the national debate about bathrooms and gender identity, teeing up the issue for review by the U.S. Supreme Court. In a decision issued in December 2022, the 11th...more

TNG Consulting

11th Circuit Breaks with Other Appeals Courts, Upholds K-12 Sex-Based Bathroom Policy

TNG Consulting on

Adams v. School Board of St. John’s County, 3:17-cv-00739, 2022 WL 18003879 (11th Cir. 2022) Adams, a transgender boy, sued the board of his Florida school district (“the School Board”) after his high school prohibited...more

Tucker Arensberg, P.C.

Legal Issues Involving Transgender Students

Tucker Arensberg, P.C. on

In recent years, the legal rights of transgender students have been litigated in courts around the country. While court decisions have provided some guidance for school districts, many questions remain. This article addresses...more

Constangy, Brooks, Smith & Prophete, LLP

What the Supreme Court’s likely ruling in the UNC/Harvard cases might mean for employers

Constangy, Brooks, Smith & Prophete, LLP on

Last Monday, the U.S. Supreme Court heard oral argument in two cases challenging the use of race as one factor among many by colleges in considering student applicants. The cases are Students for Fair Admissions v. University...more

CDF Labor Law LLP

California Private Employers Who Engage in Diversity Efforts Should Be Paying Attention to UNC and Harvard Affirmative Action...

CDF Labor Law LLP on

In ten days, on October 31, 2022, the United States Supreme Court will hear oral arguments in two very important affirmative action education cases. In Students for Fair Admissions v. Harvard College (Harvard), the plaintiffs...more

Jenner & Block

SFFA v. UNC and SFFA v. Harvard: Navigating the Impact Across All Industries

Jenner & Block on

On October 31, the Supreme Court will hear oral argument in Students for Fair Admissions Inc. v. President & Fellows of Harvard College and Students for Fair Admissions, Inc. v. University of North Carolina, in which the...more

Franczek P.C.

Federal Case Highlights Nuances of Addressing Sexual Harassment Involving Students with Disabilities

Franczek P.C. on

In March, the U.S. District Court of the Western District of Washington ruled against a school district in favor of a student with intellectual disabilities, who was awarded $500,000 by a jury based on the district’s failure...more

Bricker Graydon LLP

Transgender legal update

Bricker Graydon LLP on

On December 16, 2020, the United States District Court for the Southern District of Ohio found that the Ohio Department of Health’s (ODH) policy to deny requests for sex marker changes on birth certificates by transgender...more

McAfee & Taft

Court applies Bostock’s “because of… sex” ruling to Title IX case

McAfee & Taft on

This past June, the U.S. Supreme Court decision in Bostock v. Clayton County expanded the protections of Title VII, which prohibits an employer from discriminating against an employee or applicant “because of … sex,” to...more

Fisher Phillips

Federal Appeals Court Rules In Favor Of Transgender Teen In Landmark Bathroom Case

Fisher Phillips on

In a major win for transgender rights, the 4th Circuit Court of Appeals recently ruled in favor a transgender teenager who wanted to use the boys’ bathroom at his former school, finding that the school district violated his...more

Spilman Thomas & Battle, PLLC

COVID-19 Litigation Trends, Issue 14

Spilman Thomas & Battle, PLLC on

This 14th edition of Unprecedented, our weekly update on COVID-19-related litigation, showcases new and evolving trends. Employers are facing claims for both doing too much and too little in response to the COVID-19 pandemic....more

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