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Fifth Circuit Holds That Religious Employers May Be Entitled to Exemptions from Title VII's LGBTQ+ Requirements

In Braidwood Management, Inc. v. Equal Employment Opportunity Commission, the United States Court of Appeals for the Fifth Circuit held that religious employers may be exempt from Title VII requirements concerning sexual...more

Supreme Court Prohibits Consideration of Race in College Admissions

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

Ninth Circuit Holds that Title IX Covers Peer Harassment Based on the Victim's Perceived Sexual Orientation

In Grabowski v. Arizona Board of Regents, the U.S. Court of Appeals for the Ninth Circuit held that harassment of a student-athlete by teammates, based on the victim’s perceived sexual orientation as a gay man, is covered by...more

Department of Education Publishes Proposed Regulation Governing Athletics Eligibility Based on Gender Identity

On April 6, 2023, the U.S. Department of Education issued a proposed rule that would govern a school, college, or university’s ability to regulate participation by transgender athletes on teams designated “men’s” and...more

Department of Education Proposes Major Overhaul of Title IX Rules and Regulations

On June 23, 2022—exactly fifty years after Title IX of the Education Amendments of 1972 became the law of the land—the U.S. Department of Education (ED) released its latest and much anticipated Title IX Notice of Proposed...more

Supreme Court Holds That Emotional Distress Damages Are Not Available Under Title VI, Title IX, and Other Spending Clause Statutes

In Cummings v. Premier Rehab Keller, P.L.L.C., the Supreme Court of the United States held that a plaintiff suing under Title VI (prohibiting race, color, and national origin discrimination), Title IX (prohibiting sex...more

Supreme Court To Hear Case With Large Potential Impact For Data-Breach Litigation

Keypoint: Supreme Court’s decision could require individuals to suffer an actual injury prior to participating in a class action. On December 16, the Supreme Court of the United States agreed to review a case with potential...more

Department Of Education Releases Final Title IX Regulation

Yesterday, the Department of Education (ED) released its long-awaited final rule relating to Title IX of the Education Amendments of 1972. While an earlier proposed version of the rule was published for comment in November...more

Fourth Circuit Imposes Potential Title IX Liability For Allegedly Deficient Institutional Response To Harassment On...

The Fourth Circuit broke new ground in the Title IX landscape last week, reversing a district court’s dismissal of a lawsuit in which students alleged their university violated Title IX by failing to adequately respond to...more

Department Of Education Releases Proposed Title IX Regulations

Tthe Department of Education (ED) released its long-awaited notice of proposed rulemaking relating to Title IX of the Education Amendments of 1972. While a version of the notice was leaked in early September, the document...more

Department Of Education Close To Releasing Proposed Title IX Regulations

As several media outlets have reported and is being widely discussed on social media, the Department of Education (ED) appears to be in the final stages of issuing a notice of proposed rulemaking related to Title IX of the...more

Court Gives Respondents Greater Process Protection In Sexual Assault Cases Turning On Credibility

The U.S. Court of Appeals for the Sixth Circuit recently held that the University of Michigan violated a male student’s right to procedural due process when it did not allow him to cross-examine his female accuser in a...more

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