News & Analysis as of

Discrimination First Amendment Universities

Discrimination is prejudicial treatment related to (or inappropriate consideration of) an individual's actual or perceived membership in a particular class, group or category, such as an individual's... more +
Discrimination is prejudicial treatment related to (or inappropriate consideration of) an individual's actual or perceived membership in a particular class, group or category, such as an individual's race, religion, gender, age, to name a few.  less -
Meyers Nave

Ninth Circuit Rules on Caste as a Protected Class in CSU’s Anti-Discrimination Policy

Meyers Nave on

On March 12, 2025, the Ninth Circuit issued its decision in Kumar v. Koester, dismissing a constitutional challenge to a university’s anti-discrimination policy that added “caste” as a protected class. Effective January 1,...more

TNG Consulting

Why Title VI Training is Necessary Now 

TNG Consulting on

An ATIXA Testimonial by Alexis Piñero-Benson, University of New Hampshire  Following the October 7, 2023, Hamas attack in Israel and the ongoing geopolitical conflict, many colleges and universities witnessed a surge of...more

Parker Poe Adams & Bernstein LLP

Pressing Pause: Explanations and Next Steps for Title IX Administrators Following Preliminary Injunctions

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

BCLP

Department of Education Issues Dear Colleague Letter as Student Protests Continue

BCLP on

Colleges and universities around the country have been dealing with increasingly violent and contentious student protests in recent months.  Many have had to deal with student, parent, faculty, donor, and public criticisms...more

McDermott Will & Emery

Third Time’s the Charm – or Not

The US Court of Appeals for the Eighth Circuit maintained its prior decision, holding that defendants violated the First Amendment when refusing to approve use of university trademarks on t-shirts incorporating a marijuana...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

The NLRB Goes Back to Church (Schools), Gets Entangled

In our June 2015 blog post, “NLRB Moves to Assert Jurisdiction Over Religious Educational Institutions,” we reported that Regional Directors of the National Labor Relations Board (NLRB) were beginning to exercise jurisdiction...more

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