The last eight weeks have seen at least six courts issue injunctions barring enforcement of the U.S. Department of Education’s 2024 Title IX Final Rule (the “2024 Rule”). Most injunction orders lack clarity about which higher...more
On July 22, 2024, Solicitor General of the United States Elizabeth B. Prelogar submitted applications to the Supreme Court of the United States for a partial stay of two preliminary injunctions issued, respectively, by the...more
8/12/2024
/ Bostock v Clayton County Georgia ,
Colleges ,
Gender Identity ,
Hostile Environment ,
Injunctions ,
New Rules ,
SCOTUS ,
Sex Discrimination ,
Solicitor General ,
Stays ,
Title IX ,
Transgender ,
Universities
On July 2 and July 11, 2024, two more federal courts issued preliminary injunctions preventing enforcement of the U.S. Department of Education’s new Title IX regulations, scheduled to go into effect on August 1, 2024....more
7/22/2024
/ Bostock v Clayton County Georgia ,
Colleges ,
Department of Education ,
Educational Institutions ,
Enforcement Authority ,
Final Rules ,
Gender Identity ,
Preliminary Injunctions ,
Regulatory Authority ,
Sexual Orientation ,
Sexual Orientation Discrimination ,
Title IX ,
Universities
On June 17, 2024, the U.S. District Court for the Eastern District of Kentucky granted a preliminary injunction staying enforcement of the U.S. Department of Education’s new Title IX regulations....more
6/18/2024
/ Arbitrary and Capricious ,
Department of Education ,
Educational Institutions ,
First Amendment ,
Gender Identity ,
Preliminary Injunctions ,
Rulemaking Process ,
Sexual Orientation Discrimination ,
Statutory Authority ,
Stays ,
Title IX
As previously discussed in our four-part series, on April 19, 2024, the U.S. Department of Education released final Title IX regulations that apply to complaints of sex discrimination occurring on or after the effective date...more
5/9/2024
/ Administrative Procedure Act ,
Department of Education ,
Department of Justice (DOJ) ,
Educational Institutions ,
Financial Industry Regulatory Authority (FINRA) ,
Hostile Environment ,
Injunctive Relief ,
OCR ,
Same-Sex Harassment ,
Sex Discrimination ,
Students ,
Title IX
This is part four of a series examining the most topical changes applicable to higher education contained in the new Title IX regulations released by the U.S. Department of Education on April 19, 2024. Changes applicable only...more
5/8/2024
/ Anti-Retaliation Provisions ,
Civil Rights Act ,
Colleges ,
Educational Institutions ,
Family Status Discrimination ,
Lactation Accommodation ,
Marital Status ,
Marital Status Discrimination ,
Pregnancy ,
Pregnancy Discrimination ,
Reasonable Accommodation ,
Retaliation ,
Student Athletes ,
Students ,
Title IX ,
Universities
This is part three of a series examining the most topical changes contained in the new Title IX regulations applicable to higher education, which were released by the U.S. Department of Education on April 19, 2024. This...more