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Equal Protection › Supreme Court of the United States

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... more +
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 -
Frantz Ward LLP

Trump Attempts to Eliminate Disparate Impact Theory via Recent Executive Order

Frantz Ward LLP on

The disparate impact theory has long been used to argue that an employer’s facially neutral policy has a detrimental effect on a protected class of individuals. An often cited example is the use of an arrest to reject an...more

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

Wisconsin Court of Appeals Finds Taxpayer-Funded College Grant Program to Be Unconstitutional

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

On February 26, 2025, the Wisconsin Court of Appeals, District II, determined that a program that provided taxpayer-funded educational grants to financially needy students of specific racial, national origin, and ancestry...more

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

U.S. Department of Education’s ‘Dear Colleague’ Letter Prohibiting DEI and FAQs Document Challenged in Federal Court

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

On March 5, 2025, the National Education Association (NEA) and its New Hampshire affiliate (NEA-NH) sued the U.S. Department of Education, challenging a recently issued “Dear Colleague Letter” (DCL) that informed schools that...more

Vorys, Sater, Seymour and Pease LLP

Supreme Court of the United States Poised to Clarify Standard in Discrimination Claims

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On February 26, 2025, the U.S. Supreme Court heard oral arguments in Ames v. Ohio Department of Youth Services, a case that could alter the legal landscape for employment discrimination claims under Title VII of the Civil...more

Bricker Graydon LLP

U.S. Department of Education releases FAQ for February 14th Dear Colleague Letter

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On March 1, 2025, the U.S. Department of Education (the Department) released a Frequently Asked Questions (FAQ) document in connection with the February 14 Dear Colleague Letter (DCL). This document aims to clarify how...more

Whiteford

Employment Law Update: Supreme Court Hears Argument on Reverse Discrimination Claim with Implications for DEI

Whiteford on

Just as employers are reconsidering their approach to DEI and the myriad of potential risks such policies could present under current administration enforcement priorities, the Supreme Court recently heard arguments in a case...more

McAfee & Taft

SCOTUS to weigh in on reverse discrimination claim brought by heterosexual employee

McAfee & Taft on

Last week, the U.S. Supreme Court heard oral arguments in Ames v. Ohio Department of Youth Services, an employment discrimination lawsuit that focused on a reverse discrimination claim under Title VII of the Civil Rights Act...more

McGuireWoods Consulting

Health Care Executive Orders And Legal Actions: Part One

McGuireWoods Consulting on

This is part one of a series of executive orders related to health care. Transgender Care - Protecting Children from Chemical and Surgical Mutilation...more

Pietragallo Gordon Alfano Bosick & Raspanti,...

Murder, Misogyny, and The Due Process Clause: U.S. Supreme Court Grapples With The Effect Of Unduly Prejudicial Evidence

Pietragallo Gordon Alfano Bosick & Raspanti,... on

In 2004, Appellant, Brenda Andrew was convicted in Oklahoma of first-degree murder and conspiracy to commit first-degree murder for participating in the homicide of her husband to collect his life insurance policy. Andrew was...more

Pullman & Comley - School Law

OCR, DEI and Connecticut Schools – Sorting Through a Legal Minefield

Pullman & Comley - School Law on

If nothing else, the early days of the Trump administration 2.0 have been a whirlwind of legal activity.  Diversity, equity and inclusion efforts have of course been at the forefront and on February 14, 2025 the federal...more

Venable LLP

U.S. Supreme Court Decision Prohibits Plaintiff Recovery of Attorney’s Fees After a Preliminary Injunction Win

Venable LLP on

On February 25, 2025, the United States Supreme Court held that plaintiffs who obtain a preliminary injunction are not eligible for attorney’s fees under 42 U.S.C. § 1988(b) because they do not qualify as “prevailing...more

Shipman & Goodwin LLP

OCR Issues “Dear Colleague” Letter on Racial Discrimination

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On February 14, 2025, the United States Department of Education, Office for Civil Rights (OCR) issued guidance clarifying how the Department will interpret federal laws that prohibit schools and other entities receiving...more

Epstein Becker & Green

A Preliminary Injunction Does Not a “Prevailing Party” Make, Criminal Conviction Through Knowingly False Evidence Violates Due...

Epstein Becker & Green on

The U.S. Supreme Court decided two cases yesterday, one of which, Lackey v. Stinnie, involved an action brought pursuant to 42 U. S. C. §1983 and should be of particular interest to the many readers of this blog who practice...more

Troutman Pepper Locke

OCR’s Directive on Race-Conscious Policies in Higher Education

Troutman Pepper Locke on

On February 14, the U.S. Department of Education Office for Civil Rights (DOE) issued a Dear Colleague Letter (DCL), which calls for educational institutions to immediately cease race-conscious practices in student...more

Saul Ewing LLP

Department of Education’s February 14 Dear Colleague Letter on Title VI and Equal Protection: Overview, Open Issues, and...

Saul Ewing LLP on

INTRODUCTION - On February 14, 2025, the Acting Assistant Secretary for Civil Rights (the “Assistant Secretary”) at the United States Department of Education (the “Department”) circulated a Dear Colleague Letter (the “DCL”)...more

Venable LLP

This is Not a Drill: Trump Administration 'Dear Colleague' Letter Virtually Eliminates Consideration of Race in Higher Education

Venable LLP on

On February 14, the U.S. Department of Education (ED) issued a new "Dear Colleague" letter to "clarify and reaffirm the nondiscrimination obligations of schools and other entities that receive federal financial assistance...more

Whiteford

Employment Law Update: What Employers and Educational Institutions Need to Know about the Attorney General’s February 5th Memo on...

Whiteford on

On February 5, 2025, the U.S. Attorney General (“AG”) Pam Bondi issued a memorandum to all Justice Department employees titled “Ending Illegal DEI and DEIA Discrimination and Preferences,” outlining the Department of...more

Husch Blackwell LLP

U.S. Department of Education Releases Dear Colleague Letter Addressing the Use of Race in Education, Announces Enforcement...

Husch Blackwell LLP on

On February 14, 2025, the U.S. Department of Education released a Dear Colleague Letter (DCL) concerning discrimination based on race, color, and national origin in K-12 and higher education. The DCL articulates the...more

Jenner & Block

Client Alert: US Department of Education Issues Dear Colleague Letter Interpreting Students for Fair Admissions: What Colleges and...

Jenner & Block on

On February 14, 2025, the US Department of Education’s Office for Civil Rights (OCR) issued a Dear Colleague Letter about legal obligations for educational institutions under Title VI of the Civil Rights Act of 1964 and the...more

Roetzel & Andress

U.S. Department of Education Releases Guidance on DEI Programs in Schools Receiving Federal Funds

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The legality of Diversity, Equity and Inclusion (“DEI”) Programs has come under immense scrutiny beginning with the change in presidential administration. On January 21, 2025, President Trump issued executive order 14173...more

ArentFox Schiff

The Uncertain Future of Gender-Affirming Care for Minors, Part 1: United States v. Skrmetti

ArentFox Schiff on

Gender-affirming care (GAC) is a model of care encompassing medical, surgical, mental health, and non-medical services to support transgender and nonbinary individuals in affirming their gender identity. Advocates argue that...more

Littler

U.S. Department of Education’s New “Dear Colleague” Letter Targets DEI Programs and Signals New Era of Title VI Enforcement

Littler on

On February 14, 2025, the U.S. Department of Education’s Office for Civil Rights (OCR) released a “Dear Colleague” Letter (DCL) and emailed it to K-12 and post-secondary educational institutions around the country. The DCL...more

Proskauer - Proskauer For Good

Homelessness Crisis Demands Action

Proskauer - Proskauer For Good on

We have seen a dramatic increase in housing insecurity among our pro bono clients in recent years. Unfortunately, it’s part of an alarming nationwide trend. According to a recent report issued by the U.S. Department of...more

Greenbaum, Rowe, Smith & Davis LLP

Black History Month: Remembering the NJ-Born Physician Who Became the First Black Lawyer Admitted to Practice before the Supreme...

Greenbaum, Rowe, Smith & Davis LLP on

Born in Elsinborough Township in Salem County, New Jersey on October 13, 1825, John S. Rock was a person with amazing talents. After years of working as a physician, for health reasons he turned to the practice of law and in...more

Franczek P.C.

Supreme Court October Term 2024 – Education Cases to Watch

Franczek P.C. on

Some of us measure our year in weeks, months, or, for the readers of this article, likely by the school calendar. The Supreme Court, however, has its own measurement. The Court operates, hears cases, and issues rulings each...more

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