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 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
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
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
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
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
In a somewhat unsurprising development, the United States Department of Education’s Office for Civil Rights [OCR] has issued a new interpretation of Title IX, recognizing that it prohibits discrimination on the basis of...more
Yesterday, the U.S. Department of Education’s Office for Civil Rights, or OCR, issued a Notice of Interpretation stating that Title IX of the Education Amendments of 1972 prohibits discrimination against LGBTQ+ students and...more
We have been speculating for quite some time now about what the U.S. Supreme Court will do with Title IX after its decision last term in Bostock v. Clayton County, Georgia. The landmark Bostock decision held that Title VII of...more
At the beginning of last week, Donald Trump was President of the United States and we were being flooded with last minute Title IX and civil rights guidance from the outgoing Department of Education. As we near the end of the...more
Executive Order on Preventing and Combating Discrimination on the Basis of Gender Identity or Sexual Orientation - As one of his first acts as president, President Biden issued an Executive Order on Preventing and...more
On January 8, 2021, the U.S. Department of Education’s Office of Civil Rights issued a memorandum containing its interpretation of Bostock v. Clayton and its lack of effect on OCR’s interpretation of Title IX. The U.S....more
This week, the U.S. Supreme Court declined to review a decision allowing transgender high school students to use bathrooms and locker rooms consistent with their gender identities. The High Court’s rebuff means the lower...more
On September 8, 2020, an Education Dive article quoted me about two recent letters from the U.S. Department of Education’s Office for Civil Rights (OCR) on the impact on Title IX of this year’s landmark U.S. Supreme Court...more
It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more