On July 11, 2024, the U.S. Court of Appeals for the Third Circuit issued its long-awaited decision in Johnson, et al. v. National Collegiate Athletic Association, et al., holding that college athletes may be employees under...more
On April 17, 2024, the National Collegiate Athletic Association’s Division I Council unanimously adopted a proposal that allows NCAA member schools to provide assistance in supporting name, image and likeness (NIL) activities...more
On April 15, 2024, the Equal Employment Opportunity Commission released the long-awaited final regulations implementing the Pregnant Workers Fairness Act (PWFA). The regulations are set to be published in the Federal Register...more
On March 27, 2024, in a long-awaited decision that carries major implications for 501(c)(3) organizations and independent schools, the Fourth Circuit held that an independent school’s 501(c)(3) tax-exempt status did not...more
Affirmative action admissions developments in the higher education sector continue, as the U.S. Supreme Court recently declined to issue an emergency injunction pending appeal that would have prohibited the U.S. Military...more
The NCAA Division I Council recently adopted new rules on disclosure requirements for third-party name, image and likeness (NIL) agreements and voluntary registration for NIL service providers (sports agents, financial...more
On Aug. 14, 2023, the U.S. Departments of Justice and Education (DOJ and ED) issued guidance to institutions of higher learning concerning the U.S. Supreme Court’s landmark decision in Students for Fair Admissions, Inc. v....more
On Aug. 4, 2023, the Office of Federal Contract Compliance Programs (OFCCP) promulgated a final rule that eliminated self-imposed regulatory standards for making allegations of systemic discrimination against federal...more
On July 3, 2023, just days after the U.S. Supreme Court’s landmark decision in Students for Fair Admissions, Inc. v. President & Fellows of Harvard College (SFFA), a new challenge is arising related to collegiate admissions....more
7/7/2023
/ Affirmative Action ,
Civil Rights Act ,
College Admissions ,
Diversity ,
Diversity and Inclusion Standards (D&I) ,
Educational Institutions ,
Equal Protection ,
Fourteenth Amendment ,
Race Discrimination ,
SCOTUS ,
Students for Fair Admissions v Harvard College ,
Students for Fair Admissions v University of North Carolina ,
Title VI ,
Title VII
As McGuireWoods reported in December 2022, the National Labor Relations Board (NLRB) regional office in Los Angeles found an unfair labor practice charge filed by the National College Players against the NCAA, Pac-12...more
In November 2022, McGuireWoods reported on the evolving framework surrounding student-athletes’ ability to profit from their names, images and likenesses (NIL). Recent developments have given new life to the NIL legal...more
On April 6, 2023, the U.S. Supreme Court and the U.S. Department of Education addressed the treatment of transgender students in sports.
Specifically, in West Virginia, et al. v. B.P.J., by her next friend and mother,...more
On March 13, 2023, Illinois Gov. J. B. Pritzker signed into law the Paid Leave for All Workers Act (the Act), the first statewide paid leave law in Illinois. The law expands paid leave beyond Cook County and Chicago’s paid...more
On Jan. 31, 2023, the U.S. Department of Education Office for Civil Rights (OCR) published a fact sheet titled “Diversity and Inclusion Activities Under Title VI.” Title VI prohibits discrimination based on race, color or...more
As McGuireWoods reported on Feb. 8, 2022, the National College Players Association filed an unfair labor practice (ULP) charge with the National Labor Relations Board (NLRB) against the NCAA, Pac-12 Conference, University of...more
The framework surrounding student-athletes’ ability to profit from their name, image and likeness (NIL) continues to evolve. Within the last several weeks, the National Collegiate Athletic Association (NCAA) issued additional...more
Students at Loyola University Chicago — like students at many institutions across the country — brought a putative class action suit against Loyola for breach of contract and unjust enrichment after Loyola suspended all...more
The California State Senate’s education committee is set to vote on SB-1401, the College Athlete Race and Gender Equity Act, which would require colleges and universities to compensate athletes in their revenue-generating...more
As McGuireWoods reported previously, on Feb. 3, 2022, the U.S. Court of Appeals for the Third Circuit agreed to hear an interlocutory appeal on the question of whether Division I student athletes can be employees of their...more
On Jan. 24, 2022, the U.S. Supreme Court agreed to hear two cases on the use of race in undergraduate admissions: one involving Harvard and the other involving the University of North Carolina–Chapel Hill....more
In June 2021, the U.S. Supreme Court invited the Solicitor General of the United States to brief the court on the United States’ position on Students for Fair Admissions, Inc. v. President and Fellows of Harvard College. The...more