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OCR Issues FAQs for Schools About Avoiding Racial Preferences Under Title VI

After giving educational institutions two weeks to comply with the Department of Education’s Dear Colleague Letter (DCL), on February 28, the Office of Civil Rights (OCR) issued Frequently Asked Questions About Racial...more

Trump Bans Transgender Women Athletes from Participating in Athletics

In the latest slew of executive orders affecting educational institutions, on February 5, 2025, President Trump signed an order titled, “Keeping Men Out of Women’s Sports.” This order states, “it is the policy of the United...more

Recent Executive Orders and Dear Colleague Letter Affecting Educational Institutions

In the two weeks since President Trump took office, he has issued numerous orders, many of which affect educational institutions. The following summarizes the most recent executive orders and directives affecting our...more

Higher Ed DEI Practices to Be Reviewed Under President’s New Executive Order

President Trump issued an executive order on January 21, 2025 that, among other things, revokes Executive Order 11246, ending the long-standing practice of requiring federal government contractors to take and report on...more

What Should Educational Institutions Do Next for Title IX Now That Biden’s Final Rule Was Blocked by a Federal Judge?

On January 9, 2025, the Biden administration’s Title IX Final Rule was struck down by the U.S. District Court for the Eastern District of Kentucky, which declared the regulations unconstitutional for all schools nationwide....more

A Look at the Proliferation of New Legislation Addressing IE&D Across the Country

Over the last two years, starting even before the Supreme Court’s decision regarding affirmative action in June 2023, there has been a noticeable uptick in bills introduced in state legislatures restricting inclusion, equity,...more

U.S. Department of Education Issues Long-Awaited Final Title IX Regulations

On April 19, 2024, the U.S. Department of Education issued its updated final regulations enforcing Title IX of the Education Amendments of 1972 (“Title IX”), 20 U.S.C. §1681 et seq., which will govern sex discrimination...more

DOL Updates Guidance on Unpaid Interns, Embracing Circuit Courts' Approach

The U.S. Department of Labor recently announced a significant change in its interpretation of the Fair Labor Standards Act (FLSA) with respect to interns. The FLSA, of course, regulates an employer’s duty to pay minimum wage...more

Second Circuit Announces New Test For Intern Claims and Puts the Brakes on Class and Collective Claims by Interns

On July 2, 2015, the U.S. Court of Appeals for the Second Circuit issued two eagerly awaited decisions that may dampen the recent wave of collective and class actions filed by unpaid interns claiming they should be paid...more

New York City Law Provides Reasonable Accommodation for Pregnancy, Childbirth, and Related Conditions

On October 2, 2013, Mayor Michael Bloomberg signed into law an amendment to the New York City Human Rights Law (NYCHRL) that requires employers with four or more employees to provide reasonable accommodations for pregnancy,...more

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