News & Analysis as of

Title VII Office of Civil Rights

Title VII of the Civil Rights Act is a United States federal law enacted in 1964 and aimed at preventing discrimination in the workplace on the basis of race, color, sex, national origin, and religion. Title VII... more +
Title VII of the Civil Rights Act is a United States federal law enacted in 1964 and aimed at preventing discrimination in the workplace on the basis of race, color, sex, national origin, and religion. Title VII has been subsequently extended to discrimination on the basis of pregnancy and sexual stereotypes and to prohibit sexual harassment. Title VII applies to all employers with fifteen or more employees including private employers, state and local governments, and educational institutions.  less -
Franczek P.C.

Week in Review – EEOC and NLRB Start Enacting Trump’s Executive Orders, Challenges to Federal Agencies’ Independence, and New...

Franczek P.C. on

Each week as the new presidential administration takes shape, we get a clearer picture of how its priorities will affect federal agencies, and how those changes will affect the employers and educational institutions that...more

Seyfarth Shaw LLP

What To Do When Your Healthcare Employee Objects To Providing Treatment Based on Religious Grounds

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Seyfarth Synopsis: With the myriad claims for religious accommodation that came out of mandatory COVID vaccination policies, employers have become familiar how to handle requests for religious accommodation in the workplace. ...more

Parker Poe Adams & Bernstein LLP

Pressing Pause: Explanations and Next Steps for Title IX Administrators Following Preliminary Injunctions

In the past week, two U.S. District Court judges have issued preliminary injunctions halting implementation of the recently-released 2024 Title IX final rule....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

Wiley Rein LLP

FCC Adopts Rules Implementing Infrastructure Act Provision On Digital Discrimination

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On November 20, 2023, the Federal Communications Commission (FCC or Commission) released a Report and Order (Order) and a Further Notice of Proposed Rulemaking (FNPRM) adopting rules to establish a framework for preventing...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

Venable LLP

Are Legacy and Donor Admissions Soon to Become a Part of the Past? The Department of Education Strikes Back Following SCOTUS...

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On July 24, 2023, less than a month after the Supreme Court's landmark decision striking down affirmative action practices in college admissions, the U.S. Department of Education, Office for Civil Rights (OCR) has launched an...more

Jackson Lewis P.C.

Initial Ripple Effects of U.S. Supreme Court Affirmative Action in Student Admissions Decision

Jackson Lewis P.C. on

In its decision holding the use of race in university and college admissions is unconstitutional in violation of the Equal Protection Clause of the Fourteenth Amendment, the U.S. Supreme Court noted that “[e]liminating racial...more

Harris Beach Murtha PLLC

Handling COVID-19 Vaccination Mandates: Federal Agencies Continue to Issue Guidance

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In response to COVID-19 vaccination mandates and employer-mandated vaccination policies, federal agencies continue to issue guidance. The U.S. Equal Employment Opportunity Commission (EEOC) and the U.S. Health and Human...more

Steptoe & Johnson PLLC

Title IX Applies to Cases Involving Sexual Orientation and Gender Identity, Department of Education Advises

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In an apparent reversal of a Memorandum issued late in the term of the prior administration, the U.S. Department of Education has issued an interpretation of Title IX, emphasizing that the law prohibits discrimination based...more

Roetzel & Andress

U.S. Department Of Education Issues New Interpretation Providing Protection Against Discrimination Based On Sexual Orientation...

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On Wednesday, June 16, the United States Department of Education issued a Notice of Interpretation (“Interpretation”) “to make clear that the Department interprets Title IX’s prohibition on sex discrimination to encompass...more

Jackson Lewis P.C.

U.S. Department Of Education Will Protect LGBTQ+ Students

Jackson Lewis P.C. on

It will fully enforce Title IX of the Education Amendments of 1972 to prohibit discrimination based on sexual orientation and gender identity in education programs and activities that receive federal financial assistance from...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

Franczek P.C.

Coronavirus, Fear, and Racial Harassment: OCR Warns Educational Institutions It Is Watching

Franczek P.C. on

The U.S. Department of Education’s Office for Civil Rights (OCR) issued a statement yesterday reminding schools, colleges, and universities of their responsibilities to address discrimination and harassment based on race and...more

Snell & Wilmer

Reassigning Section 1557: Trump Administration Proposes Reversal of Transgender Benefits Rule

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In 2016, the Department of Health and Human Services (“HHS”) Office of Civil Rights issued final regulations implementing the nondiscrimination provisions of the Affordable Care Act (“Section 1557”), which prohibit the...more

Fisher Phillips

Tennis Coach Wins First Set In Gender Bias Match Against University

Fisher Phillips on

It goes without saying that federally funded educational institutions cannot discriminate on the basis of gender. Some federal courts believe Title IX is the proper statute upon which to base employment discrimination claims,...more

Constangy, Brooks, Smith & Prophete, LLP

Let's Talk About The HHS "Conscience" Protections For Healthcare Employees

Here's what employers need to know. Yesterday, the U.S. Department of Health and Human Services and its Office of Civil Rights announced that they would be enhancing the legal protections for healthcare workers with...more

Holland & Knight LLP

Religious Institutions Update: October 2016

Holland & Knight LLP on

Timely Topics - The final rule implementing Section 1557 of the Patient Protection and Affordable Care Act (ACA) was issued by the U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR) on May...more

Saul Ewing LLP

Higher Education Highlights - Summer 2016

Saul Ewing LLP on

On March 21, 2016, the U.S. Department of Health and Human Services, Office for Civil Rights (“OCR”), announced the launch of the 2016 Phase 2 Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) Audit...more

Kelley Drye & Warren LLP

The Bathroom Dilemma in the News – Transgender Rights on the Front Page

Kelley Drye & Warren LLP on

The front page of last Sunday’s New York Times ‘Styles’ section was almost entirely devoted to an article called “The Symbols of Change,” recounting how many public venues are converting from the traditional male/female...more

Franczek P.C.

OCR Issues Guidance Reminding Charter Schools of Application of Federal Civil Rights Laws

Franczek P.C. on

The U.S. Department of Education’s Office for Civil Rights (OCR) is responsible for enforcing Title VI of the Civil Rights Act (prohibiting discrimination based on race, color, or national origin), Title IX of the Civil...more

Pullman & Comley - School Law

Separate and Unequal

Unlike people, not all schools are created equal. Anyone who doubts that need only review the results of the Civil Rights Data Collection [“CRDC”] for the 2011-2012 school year, which were released on March 21, 2014 by...more

Ballard Spahr LLP

OCR and DOJ Clarify Use of Race in College and University Admissions

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The U.S. Department of Education's Office for Civil Rights (OCR) and the U.S. Department of Justice (DOJ) recently issued a Dear Colleague Letter and related questions and answers about the use of race in admissions following...more

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