Title IX

News & Analysis as of

Uncertainty Surrounding Gender Identity and Sexual Orientation Discrimination and Steps Employers Should Take

In the current legal landscape, the scope of laws prohibiting sex discrimination remains uncertain, especially because the Supreme Court has yet to take up the issue as it relates to LGBT rights. Most recently, the high...more

OCR Signals Continued Title IX Enforcement

The U.S. Department of Education Office for Civil Rights (OCR) has announced the resolution of two Title IX sexual violence complaints filed against a private university in Ohio. In the resolution letter and agreement, which...more

Third Circuit Finds Title IX Provides a Remedy for Sex Discrimination in Fully Funded Educational Institutions

The Third Circuit Court of Appeals has again created a circuit split by disagreeing with decisions from the Fifth and Seventh Circuit Courts of Appeals, which have held that Title VII of the Civil Rights Act of 1964 provides...more

Seventh Circuit Affirms Summary Judgment for Employer in Title VII and Title IX Retaliation Case

Recently, the United States Court of Appeals for the Seventh Circuit in Burton v. Board of Regents of the University of Wisconsin System, affirmed the district court’s order granting summary judgment in favor of the employer...more

Third Circuit Endorses Title IX and Title VII Claims of Medical Resident

Should a medical resident alleging sexual harassment and retaliation be treated as: (i) an employee who can seek relief under Title VII; (ii) a student who can seek relief under Title IX; or (iii) both? And if the answer is...more

Supreme Courts Dismissal of Transgender Discrimination Case Could Affect Employment Discrimination Claims

Earlier this month, the Trump administration withdrew the Department of Justice’s prior position that Title IX of the Civil Rights Act prohibits schools and other covered institutions from discriminating on the basis of...more

Third Circuit Permits Teaching Hospital Resident to Bring Retaliation Suit under Title IX

For the first time, the Third Circuit Court of Appeals found that Title IX of the Education Amendments of 1972, 20 U.S.C. 1681, et seq., applies to medical residency programs. Relying on extensive Supreme Court precedent and...more

Medical Residents Can Sue Under Title IX, Third Circuit Holds

The U.S. Court of Appeals for the Third Circuit recently revived a medical resident's harassment and retaliation claims against Mercy Catholic Medical Center, finding that the hospital is subject to Title IX. The Third...more

Medical Residents May Sue Under Title IX

In a decision likely to have significant implications for hospitals and other educational programs that receive federal financial assistance, the Third Circuit Court of Appeals recently held that a Philadelphia hospital can...more

How Does the Supreme Court’s Remand of the Transgender Discrimination Case Impact Wage-and-Hour Class Actions?

On March 6, 2017, the Supreme Court, in a one-sentence summary disposition, remanded the case of Gloucester County Sch. Bd. v. G.G. to the U.S. Court of Appeals for the Fourth Circuit “for further consideration in light of...more

Third Circuit Holds that Medical Resident May Bring a Title IX Claim Against a Private Hospital

Earlier this month, the Third Circuit Court of Appeals reversed the lower court’s dismissal of a medical resident’s Title IX suit against Mercy Catholic Medical Center in Philadelphia, which alleged that the plaintiff was...more

Supreme Court Sends Transgender Student Case Back to Lower Court; Other Case Worth Watching

Following revocation of Obama Administration transgender guidance, the U.S. Supreme Court has vacated the U.S. Court of Appeals for the Fourth Circuit’s determination that a transgender student had shown a likelihood of...more

Third Circuit Rules Private Hospital Is Subject to Medical Resident’s Title IX Claims

Seyfarth Synopsis: In Doe v. Mercy Catholic Medical Center, No. 16-1247 (3d Cir. 2017), the U.S. Court of Appeals for the Third Circuit recently held that the nondiscrimination and anti-harassment protections of Title IX...more

Supreme Court Update: Gloucester County School Board V. G.G. (16-273), Peña-Rodriguez V. Colorado (15-606), And Beckles V. United...

The Court kicked off the week with a flurry of activity in criminal cases, issuing a landmark Sixth Amendment ruling, another decision closing the door on vagueness challenges to the Sentencing Guidelines, a per curiam...more

Supreme Court Steps Back, Punts on Student Transgender Bathroom Access Case for Now

When the United States Supreme Court agreed last October to hear the appeal of the Gloucester County School Board from the United States Court of Appeals for the Fourth Circuit in the matter of Gloucester County School Board...more

Supreme Court Remands Transgender Rights Case to Court of Appeals After Trump Administration Withdraws Obama Era Guidance

Seyfarth Synopsis: On March 6, 2017, the Supreme Court remanded a highly anticipated transgender rights case back to the Court of Appeals after the Trump Administration withdrew Obama era guidance regarding the rights of...more

SCOTUS, New Dear Colleague Letter Muddle Transgender Issues Under Title IX

The U.S. Departments of Justice and Education have withdrawn existing guidance on transgender students and issued a new Dear Colleague Letter calling into question whether Title IX requires that schools permit students to use...more

Supreme Cout Leaves Transgender Bathroom Issue Unresolved

Gavin Grimm is a transgender boy living in Virginia. Grimm attends school in the Gloucester County School District, which adopted a new policy requiring students to use the bathroom of their birth gender. Previously, Grimm...more

Flushed: Supreme Court Vacates Fourth Circuit’s Title IX Transgender Bathroom Decision in Gloucester County v. G.G.

In a not particularly surprising development, on March 6, 2017, the United States Supreme Court vacated the United States Court of Appeals for the Fourth Circuit’s judgment in the controversial case of Gloucester County...more

Supreme Court Remands Transgender Rights Case to Lower Court

Over the past year, the U.S. Department of Education’s directives concerning the rights of transgender students under Title IX have changed course, muddying the collective understanding of how federal agencies interpret Title...more

The Supreme Court Will Not Hear Landmark Transgender Student Case

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

Supreme Court Returns Transgender Bathroom Case to Lower Court

Today the U.S. Supreme Court announced that it would not entertain arguments in GG v. Gloucester County School Board, a case that would have been the Court’s first significant opportunity to weigh in on gender identity...more

Title IX Update - March 2017

Rescission of Previous Administration’s Guidance Relating to Transgender Students - On February 22, 2017, the U.S. Department of Justice and U.S. Department of Education released a Dear Colleague Letter rescinding the...more

DOE and DOJ Withdrawl of “Dear Colleague” Letter Leaves FERPA’s Guidance Unresolved

On February 22, 2017, the Department of Justice (DOJ) and Department of Education (DOE) withdrew their May 13, 2016 “Dear Colleague” letter that provided guidance on steps to protect transgender students under Title IX of the...more

The Future of Title IX Enforcement and Gender Identity

The evolving field of enforcement of Title IX matters took another turn last week. On February 22, 2017, the Department of Education and Department of Justice, under the direction of the new Administration, together...more

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