News & Analysis as of September 26, 2024

Equal Protection › Department of Education

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The Equal Protection Clause is a section of the 14th Amendment to the United States Constitution that provides that "no state shall...deny to any citizen within its jurisdiction the equal protection of the laws." Essentially, the Equal Protection Clause provides that the government must treat an individual the same way that it treats other individuals in the same circumstances. The 14th Amendment Equal Protection Clause applies only to state governments, but the requirements of the clause apply to the federal government through the Due Process Clause of the 5th Amendment. less -

U.S. Department of Education Office Publishes Guidance on Race in Admissions, School Programming

Jackson Lewis P.C. on 8/29/2023

The U.S. Department of Education Office for Civil Rights (OCR) and the U.S. Department of Justice Civil Rights Division have published a joint Dear Colleague Letter (Joint OCR and DOJ DCL) that, together with a Q&A, provides...more

Department of Education Provides DEI Guidance After SCOTUS Affirmative Action Ruling: 4 Things Colleges and Universities Need to...

Fisher Phillips on 8/25/2023

Colleges and universities can still take steps to foster diverse and inclusive campuses — even after the Supreme Court’s decision severely limiting race-conscious admissions in education, according to the latest guidance from...more

Biden Administration Provides Guidance on Advancing Diversity in Higher Education Following the Supreme Courts Decision in...

WilmerHale on 8/21/2023

On August 14, 2023, the Biden Administration released its first guidance on how institutions of higher education may lawfully pursue efforts to recruit and admit diverse student bodies in light of the Supreme Court’s recent...more

Complying with Students for Fair Admissions: U.S. Departments of Education and Justice Issue Joint Guidance for Institutions

Faegre Drinker Biddle & Reath LLP on 8/17/2023

On August 14, 2023, the U.S. Department of Education (ED) and the Department of Justice (DOJ) jointly issued guidance to help postsecondary schools comply with the Supreme Court’s ruling in Students for Fair Admissions, Inc....more

Client Alert: Biden Administration Releases Anticipated Guidance on College Admissions After Supreme Court’s Decision in Students...

Jenner & Block on 8/16/2023

On August 14, 2023, the Department of Justice’s Civil Rights Division and the Department of Education’s Office of Civil Rights issued joint guidance directed at colleges and universities in the wake of the Supreme Court’s...more

The Supreme Court’s Affirmative Action Ruling: A Shift in How Private Employers Approach DEI?

Ogletree, Deakins, Nash, Smoak & Stewart,... on 8/10/2023

The Supreme Court of the United States’ recent decision to strike down affirmative action admissions policies in higher education is having significant indirect consequences for private employers and their diversity, equity,...more

Affirmative Action in Admissions - The Students for Fair Admissions Opinion

Bricker Graydon LLP on 7/14/2023

The U.S. Supreme Court’s decision in Students for Fair Admissions will change the landscape for consideration of race in higher ed. admissions practices... ...more

New Admissions Lawsuit Follows Affirmative Action Supreme Court Decision

White and Williams LLP on 7/14/2023

On July 3, 2023, the Chica Project, African Community Economic Development of New England (ACEDONE), and Greater Boston Latino Network (GBLN) (collectively the “Complainants”) filed a civil rights Complaint with the...more

Reviewing Admission Practices Following the Students for Fair Admissions Supreme Court Decision

Steptoe & Johnson PLLC on 7/13/2023

As has been widely reported in the national media, on June 29, 2023, the United States Supreme Court, in Students for Fair Admissions, Inc. v. President & Fellows of Harvard College (SFFA), invalidated the affirmative action...more

The End of Affirmative Action in College Admissions: How Did We Get Here and What Does it Mean for the Future

Kohrman Jackson & Krantz LLP on 7/13/2023

In a historic decision, Students for Fair Admissions v. President and Fellows of Harvard College, the United States Supreme Court banned affirmative action in college admissions. According to the Court, affirmative action...more

Initial Ripple Effects of U.S. Supreme Court Affirmative Action in Student Admissions Decision

Jackson Lewis P.C. on 7/7/2023

In its decision holding the use of race in university and college admissions is unconstitutional in violation of the Equal Protection Clause of the Fourteenth Amendment, the U.S. Supreme Court noted that “[e]liminating racial...more

The Academic Advisor - Education Law Insights, Issue 6, June 2023

Spilman Thomas & Battle, PLLC on 7/5/2023

Supreme Court Blocks Use of Race in Harvard, UNC Admissions in Blow to Diversity Efforts - "In one of its most closely watched cases this year, the court ruled along ideological lines that the way the schools approached race...more

The Academic Advisor - Education Law Insights, Issue 1, January 2023

Spilman Thomas & Battle, PLLC on 1/18/2023

Welcome to the second year of The Academic Advisor. The aim of this publication is to help our clients navigate the myriad legal issues and evolving regulatory landscape that affect schools, colleges and universities, and...more

Fourth Circuit Reaffirms Dress Code Violates Equal Protection Clause and Title IX

TNG Consulting on 9/30/2022

This case is an “en banc rehearing” of a case the Fourth Circuit decided in 2021. For more information on that decision, please click here....more

Unprecedented: COVID-19 Litigation Trends, Issue 7

Spilman Thomas & Battle, PLLC on 5/22/2020

This seventh edition of Unprecedented, our weekly update on COVID-19-related litigation, sees a continuation of the trend we identified last week: shutdown challenges, workers' compensation claims, and wrongful death lawsuits...more

College and University Diversity Policies Have Come Under Attack

Saul Ewing LLP on 10/12/2018

In recent months, challenges to schools’ programs and policies designed to foster diversity have become increasingly common. Anti-affirmative action advocates have stepped up their attacks on race- and gender-conscious...more

Happy 45th Birthday, Title IX: You’ve Changed A Bit Over The Years

Constangy, Brooks, Smith & Prophete, LLP on 6/28/2017

A law was born. On June 23, 1972, President Richard Nixon signed into law Title IX of the Education Amendments Act of 1972: “No person in the United States shall, on the basis of sex, be excluded from participation in, be...more

During Last Week of School Seventh Circuit Rules in Favor of Transgender Teen On Restroom Use

FordHarrison on 6/12/2017

On May 30, 2017, on the heels of the Seventh Circuit’s ground-breaking en banc decision in Hively v. Ivy Tech. College holding that sexual orientation is a protected trait under Title VII, a unanimous three-judge panel of...more

Transgender High School Student Prevails in Bathroom Access Case Before Federal Appellate Court Over Illinois

Franczek P.C. on 6/9/2017

In an opinion issued last week, the Seventh Circuit Court of Appeals decided in favor of a transgender student who challenged his high school’s decision to limit his access to boys’ communal bathrooms. ...more

Seventh Circuit Affirms Likelihood of Success that School’s Bathroom Policy Violates Title IX and Equal Protection Clause

Seyfarth Shaw LLP on 6/8/2017

Seyfarth Synopsis: The Seventh Circuit affirmed that a transgender student demonstrated a likelihood of success on claims that his school district’s decision to prohibit him from using the boys’ restroom violated both Title...more

Seventh Circuit Title IX Ruling May Impact Transgender Employee Protections

Parker Poe Adams & Bernstein LLP on 6/7/2017

The battles over transgender persons’ civil rights continue nationwide, especially when the controversy involves restroom access. Last week, the Seventh Circuit Court of Appeals concluded that a Wisconsin school district...more

Supreme Court Will Review Fourth Circuit Decision in Transgender Student’s Rights Case

Bond Schoeneck & King PLLC on 11/1/2016

On October 28, 2016 the United States Supreme Court agreed to review the Fourth Circuit’s decision in Gloucester County School Board v. G.G. This case is about whether a Virginia School Board’s policy limiting students’...more

Breaking: Supreme Court to Weigh in on Transgender Restroom Access in Schools

Ruder Ware on 10/31/2016

The U.S. Supreme Court on Friday accepted a closely watched case over restroom access for transgender students. Gloucester County School Board v. G.G., will examine whether the Title IX education code’s prohibition on “sex”...more

Supreme Court Poised to Weigh in on Transgender Rights

Kelley Drye & Warren LLP on 7/21/2016

In recent years, state and federal courts have consistently ruled in favor of those seeking to define their gender identity. However, the Supreme Court has yet to weigh in — a situation that is about to change as the...more

Appeals Court Holds that Title IX Requires Schools to Provide Transgender Students Access to Restrooms Congruent with their Gender...

Tucker Arensberg, P.C. on 6/21/2016

G. G. v. Gloucester County School Board, 2016 U.S. App. LEXIS 7026 (4th Cir. Va. Apr. 19, 2016). A three-judge panel of the Court of Appeals for the Fourth Circuit reverses the lower court’s dismissal of a transgender boy’s...more

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Equal Protection › Department of Education

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