On February 14, 2025, the U.S. Department of Education released a Dear Colleague Letter (DCL) concerning discrimination based on race, color, and national origin in K-12 and higher education. The DCL articulates the...more
2/21/2025
/ Affirmative Action ,
Civil Rights Act ,
Colleges ,
Dear Colleague Letter ,
Department of Education ,
Diversity and Inclusion Standards (D&I) ,
Enforcement ,
Equal Protection ,
Fourteenth Amendment ,
Race Discrimination ,
SCOTUS ,
Students for Fair Admissions v Harvard College ,
Title VI ,
Universities
On January 9, 2025, the U.S. District Court for the Eastern District of Kentucky vacated the Biden administration’s 2024 Title IX regulations. The vacatur applies nationwide, meaning the 2020 Title IX final rule and Title IX...more
1/20/2025
/ Administrative Procedure Act ,
Arbitrary and Capricious ,
Biden Administration ,
Bostock v Clayton County Georgia ,
Constitutional Challenges ,
Department of Education ,
Discrimination ,
Educational Institutions ,
Final Rules ,
Gender Identity ,
LGBTQ ,
OCR ,
Sex Discrimination ,
Sexual Harassment ,
Title IX ,
Vacated
In Braidwood Management, Inc. v. Equal Employment Opportunity Commission, the United States Court of Appeals for the Fifth Circuit held that religious employers may be exempt from Title VII requirements concerning sexual...more
The Supreme Court of the United States issued a decision prohibiting direct consideration of race in college and university admissions. The Court held that the race-conscious admissions programs at Harvard University and the...more
6/30/2023
/ Affirmative Action ,
Civil Rights Act ,
College Admissions ,
Employment Discrimination ,
Equal Protection ,
Fourteenth Amendment ,
Race Discrimination ,
Scholarships ,
SCOTUS ,
Students ,
Students for Fair Admissions v Harvard College ,
Students for Fair Admissions v University of North Carolina ,
Title VI
In Grabowski v. Arizona Board of Regents, the U.S. Court of Appeals for the Ninth Circuit held that harassment of a student-athlete by teammates, based on the victim’s perceived sexual orientation as a gay man, is covered by...more
On April 6, 2023, the U.S. Department of Education issued a proposed rule that would govern a school, college, or university’s ability to regulate participation by transgender athletes on teams designated “men’s” and...more
On June 23, 2022—exactly fifty years after Title IX of the Education Amendments of 1972 became the law of the land—the U.S. Department of Education (ED) released its latest and much anticipated Title IX Notice of Proposed...more
In Cummings v. Premier Rehab Keller, P.L.L.C., the Supreme Court of the United States held that a plaintiff suing under Title VI (prohibiting race, color, and national origin discrimination), Title IX (prohibiting sex...more
4/29/2022
/ Affordable Care Act ,
Disability Discrimination ,
Emotional Distress Damages ,
Health Care Providers ,
Medicaid ,
Medicare ,
Punitive Damages ,
Reasonable Accommodation ,
Rehabilitation Act ,
SCOTUS ,
Spending Clause ,
Title IX ,
Title VI
On November 16, 2020, the Missouri Supreme Court heard oral arguments in the case of Missouri National Education Association, et al. v. Missouri Department of Labor and Industrial Relations, et al., Ferguson-Florissant School...more
Yesterday, the Department of Education (ED) released its long-awaited final rule relating to Title IX of the Education Amendments of 1972. While an earlier proposed version of the rule was published for comment in November...more
The U.S. Court of Appeals for the D.C. Circuit recently issued a decision in Duquesne University of the Holy Spirit v. NLRB, which resulted in the denial of collective bargaining rights to adjunct faculty members employed by...more
Tthe Department of Education (ED) released its long-awaited notice of proposed rulemaking relating to Title IX of the Education Amendments of 1972. While a version of the notice was leaked in early September, the document...more
As several media outlets have reported and is being widely discussed on social media, the Department of Education (ED) appears to be in the final stages of issuing a notice of proposed rulemaking related to Title IX of the...more
The U.S. Court of Appeals for the Sixth Circuit recently held that the University of Michigan violated a male student’s right to procedural due process when it did not allow him to cross-examine his female accuser in a...more