News & Analysis as of

Title IX Transgender Department of Justice (DOJ)

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

Fisher Phillips

A 9-Step Compliance Plan For Ensuring Transgender Students’ Title IX Rights

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When the 9th Circuit Court of Appeals issued an opinion several weeks ago upholding a public school district’s policy allowing transgender students to use facilities that match their gender identity, it was just the latest...more

Seyfarth Shaw LLP

Management Alert – The Current Federal Retrenchment on LGBT Rights

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Seyfarth Synopsis: The first eight months of the new administration signals a retrenchment on the executive branch’s view of legal protections due LGBT individuals, including in employment....more

Parker Poe Adams & Bernstein LLP

Supreme Courts Dismissal of Transgender Discrimination Case Could Affect Employment Discrimination Claims

Earlier this month, the Trump administration withdrew the Department of Justice’s prior position that Title IX of the Civil Rights Act prohibits schools and other covered institutions from discriminating on the basis of...more

Seyfarth Shaw LLP

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

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The U.S. Departments of Justice and Education have withdrawn existing guidance on transgender students and issued a new Dear Colleague Letter calling into question whether Title IX requires that schools permit students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

Maynard Nexsen

Title IX Update - March 2017

Maynard Nexsen on

Rescission of Previous Administration’s Guidance Relating to Transgender Students - On February 22, 2017, the U.S. Department of Justice and U.S. Department of Education released a Dear Colleague Letter rescinding the...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

Dickinson Wright

Obama-Era Guidance on Transgender Student Rights Reversed by Departments of Education and Justice

Dickinson Wright on

On February 22, 2017, President Donald Trump’s administration issued a two-page "Dear Colleague" letter that formally rescinded the Obama administration’s interpretation of transgender student rights as an extension of Title...more

Haynsworth Sinkler Boyd, P.A.

What Can Employers Glean from the DOE’s and the DOJ’s Position on the Provision of Transgender Bathrooms under Title IX?

On February 22, 2017, the Department of Justice and the Department of Education issued a “Dear Colleague” letter withdrawing the statements of policy and guidance issued by the Department of Education on January 7, 2015 and...more

Saul Ewing LLP

More Than A “Bathroom Mandate”: Gender Identity Discrimination Under Titles VII And IX In The Trump Era

Saul Ewing LLP on

In May 2016, the Obama Administration’s U.S. Department of Justice’s Civil Rights Division and U.S. Department of Education’s Office for Civil Rights issued a Dear Colleague letter directing schools to recognize and treat...more

Clark Hill PLC

Department of Education and Department of Justice Withdraw Title IX Transgender Student Federal Guidance

Clark Hill PLC on

On February 22, 2017, the Department of Education and the Department of Justice ("Departments") withdrew statements of policy and guidance on transgender students and their use of school restrooms and locker rooms that were a...more

McGuireWoods LLP

Rescinded Guidance on Transgender Students’ Access to Sex-Segregated Facilities Raises Questions for Educators

McGuireWoods LLP on

In the latest chapter in the saga of evolving legal rights and protections for transgender students, on Feb. 22, the Departments of Justice and Education issued a joint “Dear Colleague Letter” that rescinded their prior...more

Bond Schoeneck & King PLLC

U.S. Department of Justice and Department of Education Rescind Obama Era Guidance on Transgender Students

On February 22, 2017, in its first “Dear Colleague Letter,” the Trump Administration withdrew existing U.S. Department of Justice and Department of Education guidance that interpreted Title IX’s protections against sex...more

Seyfarth Shaw LLP

Trump Administration Withdraws Prior Department of Education Interpretations Regarding Title IX Protections Afforded to...

Seyfarth Shaw LLP on

Seyfarth Synopsis: The U.S. Departments of Justice and Education jointly issued a “Dear Colleague” letter yesterday withdrawing and rescinding the Obama Administration’s prior guidance letters which instructed schools that...more

Ruder Ware

Trump Administration Withdraws Transgender Guidance

Ruder Ware on

On February 22, 2017, one day before briefs were submitted to the Supreme Court in a case involving a transgender student in Pennsylvania, the Trump Administration, through the Department of Justice (DOJ) and the Department...more

Jackson Lewis P.C.

Trump Administration Rescinds Guidance on Transgender Rights under Title IX

Jackson Lewis P.C. on

The Trump Administration has announced that the Department of Education (DOE) and the Department of Justice (DOJ) rescinded the Obama Administration’s May 2016 Dear Colleague Letter directing that schools “treat a student’s...more

Hogan Lovells

U.S. Departments of Education and Justice Withdraw Guidance on Transgender Students

Hogan Lovells on

On February 22, the U.S. Departments of Education and Justice (“ED” and “DOJ,” respectively, and collectively, the “Departments”) issued a two-page Dear Colleague Letter to “withdraw and rescind” policy and guidance reflected...more

Franczek P.C.

Administration Withdraws Transgender Guidance While Considering Legal Issues

Franczek P.C. on

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

FordHarrison

Trump Administration Withdraws Motion Seeking to Limit Court's Stay of Obama's Transgender Bathroom Guidance in Public Schools

FordHarrison on

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

Franczek P.C.

New Administration Signals Change on Support of Transgender Guidance

Franczek P.C. on

On Friday, the Trump administration signaled that it will not defend the guidance given by the U.S. Department of Justice (DOJ) and Department of Education (DOE) last May on transgender students’ rights under Title IX of the...more

Jackson Lewis P.C.

U.S. Supreme Court to Hear Transgender Student Case

Jackson Lewis P.C. on

The U.S. Supreme Court has agreed to hear oral argument in one of the high-profile challenges to the legality of the Dear Colleague Letter (“DCL”) jointly issued by the U.S. Departments of Justice and Education on May 13,...more

Pullman & Comley - School Law

I Meant What I Said: Transgender Student Rights In Connecticut In The Face Of The Latest Federal Court Developments

As we have previously written, the United States Departments of Education and Justice issued joint guidance for school districts regarding transgender students via a May 13, 2016 “Dear Colleague Letter.” This guidance was...more

Seyfarth Shaw LLP

Texas District Court Enjoins Federal Gender Identity Protection Of Students

Seyfarth Shaw LLP on

Seyfarth Synopsis: In State of Texas v. United States, a District Court issued a nationwide injunction to enjoin the Department of Education and Department of Justice from enforcing their guidelines on accommodations for...more

Bond Schoeneck & King PLLC

United States District Court Enjoins Enforcement of Dear Colleague Letter on Transgender Students; Decision May Impact OCR...

On August 21, 2016, in a case entitled State of Texas et al. v. United States of America et al ., Judge Reed O’Connor of the United States District Court for the Northern District of Texas issued a nationwide preliminary...more

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