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Office of Civil Rights Transgender

Seyfarth Shaw LLP

Does Section 1557 Apply to Employer Group Health Plans? (And — Why That Question May Not Even Matter)

Seyfarth Shaw LLP on

Seyfarth Synopsis: Following years of back and forth, new final rules were published by the Department of Health and Human Services (HHS) on May 6, 2024 reinstituting the Department’s interpretation that the prohibition on...more

Franczek P.C.

Title IX Athletics Final Rule Likely Delayed Until After the Election

Franczek P.C. on

As a quick update for our education clients, the Biden administration purportedly plans to delay the release date of the Title IX final rule on transgender athletes until after the presidential election. While the Department...more

Amundsen Davis LLC

Understanding the Impact of Federal Conscience Rights on Health Care Employers: Navigating Legal Protections and the 2023 Final...

Amundsen Davis LLC on

Conscientious objection in health care is the refusal of a health care professional to provide or participate in the delivery of a legal, medically appropriate health care service to a patient because of personal beliefs. ...more

Pullman & Comley - School Law

Connecticut State Department of Education Issues New Transgender Student Guidance

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

Venable LLP

Between a Rock and a Hard Place: The Legal Debate Over Preferred Pronoun Usage in the Classroom Continues with Institutions of...

Venable LLP on

In a July 28, 2023 ruling, the Seventh Circuit has signaled that Institutions of Higher Education (IHEs) seeking to enforce pronoun policies can expect to face increased scrutiny. Specifically, the Seventh Circuit vacated its...more

Holland & Knight LLP

Office of Civil Rights Proposes New Rule on Transgender Student Participation in Athletics

Holland & Knight LLP on

The U.S. Department of Education's Office for Civil Rights (OCR) published on April 6, 2023, a Notice of Proposed Rulemaking (NPRM) about sex-related criteria used to limit or deny a student's ability to participate in...more

Miles & Stockbridge P.C.

Department of Education Issues Proposed Title IX Amendment Regarding Athlete Eligibility

The federal Department of Education released a notice of proposed rulemaking earlier this month addressing gender identity and participation in athletics. ...more

Miller Canfield

U.S. Department of Education Proposes New Title IX Rules on Transgender Student-Athletes

Miller Canfield on

On April 6, 2023, the Department of Education Office for Civil Rights (“OCR”) issued a Notice of Proposed Rulemaking relating to Title IX, a federal law prohibiting sex discrimination in federally funded programs. 20 U.S.C....more

Franczek P.C.

OCR Releases Proposed Rule Updating Title IX on Student Eligibility for Athletics

Franczek P.C. on

On April 6, the Department of Education Office for Civil Rights (OCR) released its much-anticipated proposed Title IX rule on the eligibility of students for participation in athletic programs based on their gender identity....more

BCLP

Department of Education’s New Proposed Rule for Transgender Participation in Athletics

BCLP on

The participation of transgender athletes in youth, interscholastic, and elite sport has long been a highly charged political issue domestically and internationally, with a vast range of different approaches to regulating...more

Jackson Lewis P.C.

Education Department Proposes New Title IX Regulations for Transgender Student-Athletes

Jackson Lewis P.C. on

The U.S. Department of Education Office for Civil Rights (OCR) has proposed a standard that would clarify participation and equal opportunity of transgender students in school athletics....more

Roetzel & Andress

Clashing Times: Developments Concerning Transgender Student Athletes

Roetzel & Andress on

On April 6, 2023, the U.S. Supreme Court denied the State of West Virginia’s application to vacate an injunction imposed by the Fourth Circuit Court of Appeals on the State’s enforcement of its version of the “Save Women’s...more

Franczek P.C.

Title IX Updates in Athletics: Recent OCR Guidance, Complaint Resolution

Franczek P.C. on

Athletics is poised to be a major topic in Title IX this year. The participation of transgender athletes in school sports continues to dominate headlines, as we reported earlier on this blog, while gender inequity remains a...more

Pullman & Comley - School Law

Wins Scored for Transgender Students and Athletes

In neighboring states last week, the federal courts issued two decisions affirming the rights of transgender students and athletes.  In Connecticut, the Second Circuit of the U.S. Court of Appeals affirmed the dismissal of a...more

Franczek P.C.

What’s the Future for Biden Administration Protections for LGBTQ+ Students and Employees under Title IX?

Franczek P.C. on

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

Franczek P.C.

Potential Threats to Biden Administration Protections for LGBTQ+ Students and Employees under Title IX?

Franczek P.C. on

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

TNG Consulting

OCR Issues Title IX Resolution Letter to School District for Failing to Address Harassment of Transgender Student

TNG Consulting on

On June 23, 2022, the Department of Education’s Office for Civil Rights (OCR) issued a resolution letter (“Letter”) to Tamalpais Union School District (“the District”) upon completion of its investigation into a Title IX...more

Jackson Lewis P.C.

50 Years: Title IX and Athletics

Jackson Lewis P.C. on

The 50th anniversary of Title IX provides elementary, secondary, and postsecondary institutions an opportunity to reflect on the impact of and future developments stemming from the law....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

Franczek P.C.

Unanswered Questions on OCR’s About-Face on Transgender Rights

Franczek P.C. on

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

Franczek P.C.

Biden’s Executive Order on Title IX Warrants Little Practical Change for Schools

Franczek P.C. on

Yesterday, President Joe Biden issued an executive order addressing Title IX, entitled Executive Order on Guaranteeing an Educational Environment Free from Discrimination on the Basis of Sex, Including Sexual Orientation or...more

Pullman & Comley - School Law

Does President Biden’s Executive Order on Gender Identity and Sexual Orientation Discrimination Overrule OCR’s Recent Guidance?

As discussed in a prior post, OCR under the former President went to great lengths to interpret Bostock v. Clayton (which established that discrimination against someone for being transgender or homosexual was sex...more

Faegre Drinker Biddle & Reath LLP

Executive Order and Courts Clarify Supreme Court Bostock Decision Applies to Title IX, Too

On January 20, 2021, President Joe Biden signed the "Executive Order on Preventing and Combating Discrimination on the Basis of Gender Identity or Sexual Orientation.” The Executive Order explicitly extends the holding of...more

Franczek P.C.

Last Gasps and Opening Salvos: The End and Beginning of a New Era in Title IX, Part 1

Franczek P.C. on

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

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