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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
School’s Policy Prohibiting the Presence of a Transgender Student in the Restroom That Matches Their Gender Identity May Be Unlawful Discrimination....more
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
In a recent decision, the Illinois Human Rights Commission (IHRC) ruled that Illinois schools cannot limit transgender students’ unfettered access to the locker rooms that correspond to their gender identities. The decision...more
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
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
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
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
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 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
The U.S. Departments of Justice and Education have withdrawn existing guidance on transgender students and issued a new Dear Colleague Letter calling into question whether Title IX requires that schools permit students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
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
The U.S. Department of Justice (DOJ) and Department of Education (DOE) jointly issued a statement rescinding the guidance on transgender students’ rights under Title IX issued to school districts nationwide in May. The prior...more
There has been much speculation about the Trump administration’s position with respect to LGBTQ rights. We may now have our first glimpse. Just days after Jeff Sessions was confirmed as Attorney General, the government has...more
Last week, the Justice Department withdrew the pending legal challenge that had sought to reverse the federal court decision blocking the implementation of the Obama administration’s transgender bathroom policy for public...more
Last week, the United States Senate voted to confirm Betsy DeVos as Secretary of Education. DeVos’ confirmation hearings were contentious, as telephone switchboards in Congress were flooded with constituent calls opposing her...more
In an opinion issued yesterday, U.S. District Court Magistrate Judge Jeffrey Gilbert decided that Township High School District 211 “balanced the interests of all its students when it decided to permit transgender students to...more
In a move that made headlines across the country, two federal government agencies issued a significant guidance document last week interpreting Title IX's requirements for protecting transgender students' rights....more