On January 31, the U.S. Department of Education (DOE) confirmed that, effective immediately and applicable to all open Title IX investigations, it will enforce the first Trump administration’s 2020 Title IX regulations (the...more
2/4/2025
/ Department of Education ,
Deregulation ,
Education Reform ,
Equal Protection ,
Executive Orders ,
Gender Identity ,
LGBTQ ,
Sex Discrimination ,
Sexual Harassment ,
Title IX ,
Transgender ,
Trump Administration
On January 9, 2025, a federal trial court in State of Tennessee, et al. v. Cardona vacated the Biden Administration’s overhaul of Title IX regulations. Although provisions of the Rule had already been temporarily blocked in...more
The FDIC is urging financial institutions it supervises to voluntarily submit self-assessments of their diversity policies and practices to the agency by Oct. 31, 2024....more
As long expected, the U.S. Department of Education issued amendments to Title IX regulations following the public comment period. The amended regulations—totaling 1,577 pages—make clear that sex discrimination under Title IX...more
4/24/2024
/ Amended Regulation ,
Biden Administration ,
Bostock v Clayton County Georgia ,
Colleges ,
Department of Education ,
Dobbs v. Jackson Women’s Health Organization ,
Employees ,
Gender Identity ,
LGBTQ ,
Sex Discrimination ,
Sexual Harassment ,
Sexual Orientation Discrimination ,
Students ,
Title IX ,
Universities
As expected, the U.S. Supreme Court’s ruling in the Students for Fair Admissions Inc.’s lawsuit against Harvard University and the University of North Carolina, which challenged the constitutionality of the universities’ race...more
8/11/2023
/ Affirmative Action ,
Attorney General ,
Civil Rights Act ,
Diversity and Inclusion Standards (D&I) ,
Financial Services Industry ,
Race Discrimination ,
SCOTUS ,
Students for Fair Admissions v Harvard College ,
Students for Fair Admissions v University of North Carolina ,
Title VI ,
Title VII
In this episode, we discuss the recent US Supreme Court ruling in the Students for Fair Admissions Inc.'s lawsuits against Harvard University and the University of North Carolina, which challenged the constitutionality of...more
Summary -
The Supreme Court’s decision in Students for Fair Admissions, Inc. v. President & Fellows of Harvard College and Students for Fair Admissions, Inc. v. University of North Carolina (collectively SFFA), in a 6-3...more
7/6/2023
/ Affirmative Action ,
Civil Rights Act ,
College Admissions ,
Diversity ,
Diversity and Inclusion Standards (D&I) ,
Educational Institutions ,
Equal Protection ,
Fourteenth Amendment ,
SCOTUS ,
Students for Fair Admissions v Harvard College ,
Students for Fair Admissions v University of North Carolina ,
Title VI ,
Title VII
We first discuss the multiple benefits of diversity, equity, and inclusion (DEI) for financial institutions, the challenges and opportunities institutions face in implementing a DEI strategy, and how DEI applies beyond an...more
The Consumer Financial Protection Bureau’s (“CFPB”) Office of Minority and Women Inclusion (“OMWI”) has released guidance and recommendations for small, midsize, and large organizations to demonstrate their commitment to...more
Summary -
The Tokyo Olympics is the United States’ first opportunity to target and prosecute doping conspiracies under the Rodchenkov Anti-Doping Act (Rodchenkov Act), an act that criminalizes conspiracies surrounding the...more
Summary -
The U.S. Department of Education Office of Civil Rights (OCR) held virtual public hearings and collected written comments on Title IX enforcement from June 7 through June 11, 2021. The hearings kicked off OCR’s...more
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The Department of Education (DOE) will hold five days of virtual public hearings on Title IX enforcement starting on June 7. This comes as part of the DOE’s comprehensive review of its Title IX regulations in...more
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The Civil Rights Division of the United States Department of Justice (DOJ) and the Department of Education (DOE) made back-to-back announcements regarding the implementation and application of Title IX. On April...more
On March 15, 2021, the FDIC’s Office of Minority and Women Inclusion (OMWI) released a Financial Institution Letter regarding diversity self-assessments. In accordance with Section 342 of the Dodd-Frank Wall Street Reform...more
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President Biden issued a new Executive Order on “Guaranteeing an Educational Environment Free from Discrimination on the Basis of Sex, Including Sexual Orientation and Gender Identity.” The Executive Order—which...more
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It’s no secret that environmental, social, and governance (ESG) issues are at the forefront of the national conversation surrounding social equity. Recently-published research also identifies these non-financial...more
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As one of his first official acts as the President of the United States, President Biden issued an Executive Order on Advancing Racial Equity and Support for Underserved Communities Through the Federal...more
Summary
As one of his first official acts as the President of the United States, President Biden issued an Executive Order on Advancing Racial Equity and Support for Underserved Communities Through the Federal Government...more
Summary -
A California District Court issued a preliminary injunction on Tuesday that prevents the federal government from enforcing significant portions of President Donald Trump’s September 2020 Executive Order on...more
12/28/2020
/ Bias ,
Corporate Counsel ,
Diversity ,
Diversity and Inclusion Standards (D&I) ,
Employee Training ,
Executive Orders ,
Federal Contractors ,
OFCCP ,
Race Relations ,
Sexual Stereotyping ,
Trump Administration
SUMMARY -
On December 1, 2020, The Nasdaq Stock Market filed a proposed rule with the U.S. Securities and Exchange Commission (SEC), which, if approved, will require listed companies to disclose the racial, LGBTQ+ status,...more
President Trump issued an Executive Order September 22, 2020, on Combatting Race and Sex Stereotyping that prohibits federal contractors and perhaps grant recipients from certain anti-bias employee training practices. In...more
On September 22, 2020, President Trump issued an Executive Order on Combatting Race and Sex Stereotyping. It prohibits federal contractors from certain anti-bias employee training practices in order to “promote economy and...more
9/25/2020
/ Bias ,
Civil Rights Act ,
Diversity ,
Diversity and Inclusion Standards (D&I) ,
Employee Training ,
Equal Employment Opportunity Commission (EEOC) ,
Executive Orders ,
Federal Contractors ,
OFCCP ,
Race Relations ,
Sexual Stereotyping ,
Title VII ,
Trump Administration
The Department of Education released the much-anticipated final rules (Rules) governing Title IX compliance in elementary, secondary, and post-secondary education institutions that receive federal financial assistance...more
On March 23, 2020, the FDIC’s Office of Minority and Women Inclusion (OMWI) announced that it will request 2019 diversity self-assessments from FDIC-regulated financial institutions. ...more
The U.S. Department of Education (DOE) released final regulations for student borrower defense-to-repayment claims on August 30, 2019. The regulations create a number of notable changes, including permitting education...more
9/20/2019
/ Borrower Defense Rule ,
Class Action Arbitration Waivers ,
Department of Education ,
Deregulation ,
Educational Institutions ,
Federal Funding ,
Financial Responsibility Standards ,
New Regulations ,
Pre-Dispute Arbitration ,
Regulatory Reform ,
Rulemaking Process ,
Title IV ,
Triggering Event