News & Analysis as of

Sexual Harassment Biden Administration

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

Second Circuit Ruling Clarifies Reach of EFAA Under Continuing Violation Doctrine in Sexual Harassment Cases

The Second Circuit Court of Appeals recently held that under the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (EFAA), a hostile work environment “accrues” for purposes of the EFAA each time a...more

Benesch

Frozen at the Starting Line: Biden’s New Title IX Rules Blocked in Majority of States as Schools Torn Between Trump Initiatives...

Benesch on

Twenty-six states filed litigation in courts nationwide to prevent the enactment of President Biden’s April 2024 revisions to the Title IX statute aimed at increasing protections for LGBTQIA+ athletes, pregnant and parenting...more

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

New Louisiana Laws on Tort Actions, Meal Breaks, Arbitration Agreements, and Nondisclosure Agreements Take Effect in July and...

Four new and notable laws affecting Louisiana employers are taking effect in summer 2024, including an expanded statute of limitations for employment torts, meal breaks for minors, a ban on predispute arbitration agreements...more

Venable LLP

Biden Administration's Final Rule for Title IX Is Finally Here

Venable LLP on

The Biden administration's Department of Education has finally released the much-anticipated final rule (the "Final Rule") amending the regulations for Title IX, which prohibits sex discrimination and harassment in education...more

Pillsbury Winthrop Shaw Pittman LLP

Biden Administration Publishes Final Version of Title IX Regulations

The New Rules expand the scope of Title IX and change requirements for schools. The New Rules expand the definitions of sex-based harassment and hostile environment harassment and cover certain off-campus conduct....more

Ballard Spahr LLP

Department of Education Issues Amendments to Title IX Regulations

Ballard Spahr LLP on

As long expected, the U.S. Department of Education issued amendments to Title IX regulations following the public comment period. The amended regulations—totaling 1,577 pages—make clear that sex discrimination under Title IX...more

Pullman & Comley - School Law

Preparing For the Amended Title IX Regulations:  What To Do Now

Educational institutions are anxiously awaiting the U.S. Department of Education’s issuance of the amended final Title IX regulations.  The deadline for releasing the new regulations has been pushed back several times...more

Kohrman Jackson & Krantz LLP

Understanding the Biden Administration’s Proposed Title IX Rule: Exploring Gender and Sexuality Diversity

THE BIDEN ADMINISTRATIONS PROPOSED TITLE IX RULE - The Biden Administration is advocating for a redefined Title IX rule, aiming to encompass a broader definition of sexual harassment. This proposed rule includes a new...more

Obermayer Rebmann Maxwell & Hippel LLP

EFAA Update: Only Plausible #MeToo Claims Can Avoid Arbitration

The Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (the “EFAA”) has been law for just over a year. The bill was signed by President Biden on March 3, 2022, and amended the Federal Arbitration...more

Franczek P.C.

Title IX Updates: Recent Moves by Biden Administration, Congress to Address Sexual Violence on Campus

Franczek P.C. on

In this post, we continue our recap of recent Title IX-related news that you might have missed and noteworthy items to keep an eye on in 2023. Below, we cover recent federal government actions and proposals to bolster...more

Verrill

The Speak Out Act: Key Points You Need to Know

Verrill on

With 2023 underway, employers should be mindful of new federal legislation affecting key provisions in their employment agreements. On December 7, 2022, President Biden signed into law the “Speak Out Act,” which prohibits...more

Genova Burns LLC

Practical Considerations On The Speak Out Act

Genova Burns LLC on

On December 7, 2022, President Biden signed the Speak Out Act into law. The Act prohibits the enforceability of non-disparagement and non-disclosure provisions in agreements before a claim (informal or formal) of sexual...more

Spilman Thomas & Battle, PLLC

The Academic Advisor - Education Law Insights, Issue 7, December 2022

Welcome to our 7th and final edition of The Academic Advisor for 2022 - our e-newsletter focused on education law insights. In this issue, we discuss the academic strike occurring at the University of California and how...more

Morgan, Brown & Joy, LLP

President Biden Signs the “Speak Out Act” – Prohibiting Employers from Enforcing Pre-dispute Nondisclosure and Nondisparagement...

Morgan, Brown & Joy, LLP on

On December 7, 2022, just nine months after signing the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act, President Biden signed the Speak Out Act (the “Act”). President Biden’s signature on the Speak Out...more

Foley & Lardner LLP

Speak Out Act Speaks (But Not Dramatically)

Foley & Lardner LLP on

On December 7, 2022, President Biden signed the “Speak Out Act” into law. The Act prohibits pre-dispute agreements not to disclose sexual harassment and assault allegations....more

Sheppard Mullin Richter & Hampton LLP

President Biden Signs “Speak Out Act” Limiting the Enforceability of Non-Disclosure and Non-Disparagement Provisions in Sexual...

On December 7, 2022, President Biden signed the Speak Out Act (the “Act”) into law. The Act limits the enforceability of pre-dispute non-disclosure and non-disparagement clauses relating to sexual assault and sexual...more

Akerman LLP - HR Defense

Silenced No More: The Speak Out Act Set To Curb Nondisclosure Agreements For Victims Of Sexual Misconduct

Akerman LLP - HR Defense on

Employers who have made use of pre-dispute nondisclosure and nondisparagement agreements will now have to change those practices and reevaluate their existing agreements thanks to the “Speak Out Act” (the “Act”) – a...more

Littler

President Biden Enacts Speak Out Act Curtailing the Use of Pre-Dispute Non-Disclosure and Non-Disparagement Clauses Involving...

Littler on

Amidst the flurry of activity taking place before the end of the 117th U.S. Congress, the House of Representatives quietly passed the Speak Out Act on November 16, 2022, by an overwhelming majority.  The bill previously...more

Franczek P.C.

Update on Biden Administration’s Title IX Proposed Rule

Franczek P.C. on

As we’re nearing the end of the calendar year, many of you may be wondering where things stand with the Biden Administration’s proposed Title IX regulations. As we previously reported on this blog, the proposed Title IX rule...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

Patterson Belknap Webb & Tyler LLP

The End to Mandatory Arbitration of Sexual Assault and Sexual Harassment Disputes

On March 3, 2022, President Biden signed into law the “Ending Forced Arbitration of Sexual Assault and Harassment Act of 2021” (the “Act”). The Act amends the Federal Arbitration Act (the “FAA”) to give individuals asserting...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

Littler

Title IX At 50: Expanding Protections for Students and Employees

Littler on

In celebration of the 50th anniversary of Title IX of the Education Amendments of 1972 (Title IX), on June 23, 2022, the U.S. Department of Education (DOE) issued its anticipated proposed rule to amend Title IX’s implementing...more

Akerman LLP

Anticipate These Changes to Your Title IX “To-Do” List

Akerman LLP on

On June 23, 2022, the U.S. Department of Education (the Department) announced that it intends to amend the current Title IX regulations that were instituted under the Trump administration in May of 2020. The Department’s...more

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