News & Analysis as of

Gender Discrimination Sexual Orientation Discrimination Title IX

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

Reeducating Educators on Discrimination Processes: the U.S. Department of Education Issues New Title IX Sex and Gender...

The final regulations amend § 34 C.F.R. 106.1, et seq. According to a statement from the Department announcing the final rule, “The unofficial version of the final regulations is available here. In addition, the Department...more

TNG Consulting

Navigating Accommodations for Pregnancy & Related Conditions Post-COVID

TNG Consulting on

The October 2022 release of the Department of Education’s resource for students and schools on Discrimination Based on Pregnancy and Related Conditions reminds Title IX Coordinators of their responsibility to address all...more

Nelson Mullins Riley & Scarborough LLP

Title IX’s Implications for the LGBTQ+ Community

The City of Atlanta celebrates LGBTQ+ Pride in October for several reasons — National Coming Out Day is celebrated on Oct. 11; the anniversary of the National March on Washington for Lesbian and Gay Rights serves as a...more

Nilan Johnson Lewis PA

Department of Education Releases Proposed Title IX Revisions

Nilan Johnson Lewis PA on

The U.S. Department of Education (DOE) released its long-awaited proposed regulatory changes to Title IX of the Education Amendments of 1972 (Title IX). Title IX protects students, faculty, and staff from sex-based...more

Lathrop GPM

Navigating Considerations of Race and Sex in Scholarships

Lathrop GPM on

Perhaps now more than ever, colleges and universities are undertaking or rejuvenating diversity, equity, and inclusion (DEI) initiatives across their organizations, and many donors are motivated to support such initiatives,...more

Steptoe & Johnson PLLC

Dept. of Education Announces Intent to Issue Notice of Proposed Rulemaking Regarding Title IX by April 2022

Steptoe & Johnson PLLC on

While the full outline of a plan to revise the Title IX regulatory framework has not yet been revealed, the U.S. Department of Education appears to be on a fast track toward change. In a December 10 announcement, Office for...more

Pullman & Comley - School Law

OCR and DOJ Issue Clear Guidance that Denying Transgender Students Access to the Bathroom and Sports Team Corresponding to Their...

On June 22, 2021, the United States Department of Education, Office of Civil Rights (“OCR”) and the U.S. Department of Justice, Civil Rights Division (“DOJ) issued a joint Fact Sheet addressed to elementary and secondary...more

Pullman & Comley - School Law

No Question: OCR Recognizes Sexual Orientation and Gender Identity Discrimination as Violation of Title IX

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

Rumberger | Kirk

Is School Policy for Transgender Student Bathroom Use Discriminatory Under Title IX?

Rumberger | Kirk on

School’s Policy Prohibiting the Presence of a Transgender Student in the Restroom That Matches Their Gender Identity May Be Unlawful Discrimination....more

Jaburg Wilk

President Biden Signs Executive Order Potentially Expanding Scope of Title IX Protections

Jaburg Wilk on

On March 8, 2021, President Biden signed an executive order indicating it is the policy of the Biden administration “that all students should be guaranteed an educational environment free of from discrimination on the basis...more

Franczek P.C.

Supreme Court Asked to Give Schools Much-Needed Guidance on Title IX and Transgender Rights

Franczek P.C. on

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

Obermayer Rebmann Maxwell & Hippel LLP

Biden Expands Protections for LGBTQ Americans

Shortly after the election, we published a blog entitled discussing then-President-Elect Joe Biden’s vow to make passage of the Equality Act (prohibiting most forms of discrimination based on sexual orientation and gender...more

Franczek P.C.

Is OCR’s New Approach to Trans Rights in Schools Really Inconsistent? Here’s Why It’s Not

Franczek P.C. on

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

Pullman & Comley - School Law

No Winning: Connecticut’s Transgender Athlete Policy Deemed a Violation of Title IX

In a seismic decision that could wreak havoc with Connecticut school districts, OCR has determined that the Connecticut Interscholastic Athletic Conference [CIAC] policy on transgender athletes violates Title IX of the...more

Franczek P.C.

More Title IX Turmoil: OCR Athletics Decision Puts Transgender Rights in Flux

Franczek P.C. on

It seems like all we talk about these days in the Title IX world is sexual harassment, as we scramble to implement new Title IX regulations that go into effect in August. Yet, this week brought significant news with respect...more

Franczek P.C.

The Next Mile in Gender Litigation: Transgender Participation in Women’s Sports

Franczek P.C. on

Litigants challenging the opening of women’s restrooms and locker rooms in schools to transgender females have roundly been defeated. While the Supreme Court could always change the trend, cases like Whitcare v. Kenosha...more

Fisher Phillips

Federal Court Rules In Favor Of Transgender Teen In Florida Bathroom Case

Fisher Phillips on

A federal court in Jacksonville, Florida recently ruled in favor a transgender teenager who wanted to use the boys’ bathroom at his high school. The July 2018 decision marked the first time that a Florida court has ruled on...more

Ballard Spahr LLP

What Remedy for Transgender Students if HHS Succeeds in Narrowly Redefining Gender Under Title IX?

Ballard Spahr LLP on

The U.S. Department of Health and Human Services (HHS) recently revealed the agency's proposal to narrow the legal definition of sex under Title IX, the federal civil rights law that bans discrimination based on sex in...more

Franczek P.C.

Impact of Changes in Federal Government’s Transgender Approach in Illinois

Franczek P.C. on

A flurry of recent news reports signals a marked change by the Trump administration of the Federal government’s approach toward the rights of transgender students in public education. What, if any, practical implications do...more

Ballard Spahr LLP

Third Circuit Rejects Challenge to School District's Bathroom Policy for Transgender Students

Ballard Spahr LLP on

The U.S. Court of Appeals for the Third Circuit has issued its much anticipated precedential opinion upholding denial of a preliminary injunction against a Pennsylvania school district's policy allowing transgender high...more

FordHarrison

"Here We Go Again": Transgender Bathroom Dispute Headed Back to the Fourth Circuit

FordHarrison on

The protracted case of Gavin Grimm is set to be heard once again by the United States Court of Appeals for the Fourth Circuit. ...more

FordHarrison

Second and Eleventh Circuits Rule They are Bound by Prior Precedent that Title VII Does Not Prohibit Sexual Orientation...

FordHarrison on

As these authors have previously reported, several cases analyzing whether sexual orientation is protected by Title VII of the Civil Rights Act of 1964 have been winding their way through the courts. ...more

Seyfarth Shaw LLP

Supreme Court Remands Transgender Rights Case to Court of Appeals After Trump Administration Withdraws Obama Era Guidance

Seyfarth Shaw LLP on

Seyfarth Synopsis: On March 6, 2017, the Supreme Court remanded a highly anticipated transgender rights case back to the Court of Appeals after the Trump Administration withdrew Obama era guidance regarding the rights of...more

Ballard Spahr LLP

SCOTUS, New Dear Colleague Letter Muddle Transgender Issues Under Title IX

Ballard Spahr LLP on

The U.S. Departments of Justice and Education have withdrawn existing guidance on transgender students and issued a new Dear Colleague Letter calling into question whether Title IX requires that schools permit students to use...more

Robinson+Cole Data Privacy + Security Insider

DOE and DOJ Withdrawl of “Dear Colleague” Letter Leaves FERPA’s Guidance Unresolved

On February 22, 2017, the Department of Justice (DOJ) and Department of Education (DOE) withdrew their May 13, 2016 “Dear Colleague” letter that provided guidance on steps to protect transgender students under Title IX of the...more

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