Labor & Employment Law: Vermont and Federal Legislative Update
#WorkforceWednesday: SCOTUS Decision on LGBTQ Employees, EEOC on Older Workers Returning to Work - Employment Law This Week®
On July 22, 2024, Solicitor General of the United States Elizabeth B. Prelogar submitted applications to the Supreme Court of the United States for a partial stay of two preliminary injunctions issued, respectively, by the...more
With the August 1, 2024, effective date of the Department of Education’s April Title IX regulations (Final Rule) just weeks away, court action in pending lawsuits challenging the Final Rule across the country continues. The...more
On July 2 and July 11, 2024, two more federal courts issued preliminary injunctions preventing enforcement of the U.S. Department of Education’s new Title IX regulations, scheduled to go into effect on August 1, 2024....more
On July 2, Judge John Broomes of the U.S. District Court for the District of Kansas handed down yet another preliminary injunction blocking the Title IX regulations issued in April, following on the heels of similar orders...more
On June 17, Chief Judge Danny Reeves of the Eastern District of Kentucky issued a preliminary injunction staying the effective date, and enjoining enforcement, of the new Title IX regulations in the states of Indiana,...more
A federal judge in the Eastern District of Kentucky has enjoined the United States Department of Education from implementing or enforcing the 2024 Title IX regulations. The injunction is limited to the states of Tennessee,...more
On June 17, 2024, a United States District Court judge in Kentucky issued a preliminary injunction preventing the 2024 Title IX regulations from going into effect in several states, including Ohio. The 2024 regulations are...more
In the past week, two U.S. District Court judges have issued preliminary injunctions halting implementation of the recently-released 2024 Title IX final rule....more
On June 17, 2024, Judge Danny C. Reeves of the U.S. District Court for the Eastern District of Kentucky issued a 93-page order in the case of State of Tennessee v. Cardona, Case No. 2:24-072-DCR....more
“The rock and the hard place.” How often do employers find themselves here? If employers have LGBTQ employees in certain states, they are now bumping up against the “rock” of federal laws, like Title VII and Title IX, and the...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
On April 19, 2024, the Biden Administration released its long-awaited overhaul of the Title IX regulations governing investigations of alleged sexual misconduct and sex discrimination in federally-funded education programs....more
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
The Equal Employment Opportunity Commission ("EEOC") released its Proposed Enforcement Guidance on Harassment in the Workplace. In light of recent legal developments, such as the Bostock v. Clayton County decision, which...more
On July 31, 2023, the Seventh Circuit Court of Appeals revived a Christian teacher’s religious discrimination lawsuit over his refusal to refer to transgender students by their names and pronouns with which they identified. ...more
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
Eleventh Circuit Says School’s Policy of Assigning Bathrooms Based on Biological Sex Does Not Violate U.S. Constitution - The issue on appeal for the Eleventh Circuit to decide was whether separating the use of male and...more
Recent court and OCR decisions regarding transgender students and employees reflect widely varying responses to the Biden administration’s efforts to expand protections for LGBTQ+ individuals under federal law, including...more
Compassion can be a wonderful tool in many of the things we do in Human Resources and the labor and employment legal world. It’s also a great starting point when an employee walks into an HR or supervisor’s office to say...more
Last summer, the Equal Employment Opportunity Commission (EEOC) issued guidance for employers addressing — among other things — bathroom use and pronouns for transgender workers. A federal court has now blocked the EEOC from...more
Executive Summary: June is Pride Month. On June 16, 2021, Miguel Cardona, Secretary of the U.S. Department of Education (the “Department”) under President Joe Biden, issued a Notice of Interpretation stating that Title IX...more
Last week, in a major break from its policy under the Trump administration, the US Department of Education's Office for Civil Rights issued a Notice of Interpretation, explaining that it will enforce Title IX's prohibition...more
Educational institutions all over the country have been grappling with the nuances of Title IX compliance since the new Title IX regulations were released last summer. With many stakeholders unhappy with the final...more
LGBTQ+ students are now protected from discrimination under Title IX of the Education Amendments of 1972, a federal law that protects students from sex-based discrimination in public schools. As of last week, Title IX’s...more
On June 16, 2021, the U.S. Department of Education ("DOE") issued a "Notice of Interpretation" expanding protection of gay and transgender students under Title IX to include educational institutions receiving federal monies....more