Both Congress and the White House have sought to introduce new financial restrictions for institutions of higher education, building on efforts made during President Trump’s first term. These proposed restrictions include...more
On Monday, March 3, Linda McMahon was confirmed by the Senate to serve as President Trump’s Secretary of the Department of Education by a vote of 51 to 45. Since President Trump’s inauguration, even without a confirmed...more
3/6/2025
/ Civil Rights Act ,
Department of Education ,
Diversity and Inclusion Standards (D&I) ,
Enforcement Actions ,
Executive Orders ,
OCR ,
Presidential Appointments ,
Regulatory Reform ,
Title IX ,
Title VI ,
Trump Administration ,
Universities
Recent executive orders, federal guidance, and enforcement activity have made clear that the Trump Administration plans to interpret and apply Title IX in new and different ways. This includes an understanding of sex as an...more
2/27/2025
/ Department of Education ,
Discrimination ,
Educational Institutions ,
Enforcement Actions ,
Enforcement Priorities ,
Executive Orders ,
Gender Identity ,
New Guidance ,
Title IX ,
Transgender ,
Trump Administration
On February 14, 2025, the US Department of Education’s Office for Civil Rights (OCR) issued a Dear Colleague Letter about legal obligations for educational institutions under Title VI of the Civil Rights Act of 1964 and the...more
2/20/2025
/ Civil Rights Act ,
Colleges ,
Department of Education ,
Diversity and Inclusion Standards (D&I) ,
Equal Protection ,
First Amendment ,
OCR ,
Race Discrimination ,
SCOTUS ,
Students for Fair Admissions v Harvard College ,
Title VI ,
Trump Administration ,
Universities
With a promise to deliver the “largest deportation” in the history of the United States, President Trump’s 2024 campaign foreshadowed a new era of immigration policy and enforcement. The first two weeks of the second Trump...more
2/5/2025
/ Citizenship ,
DACA ,
Department of Homeland Security (DHS) ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Executive Orders ,
Immigration and Customs Enforcement (ICE) ,
Immigration Procedures ,
Immigration Reform ,
Sanctuary Cities ,
State and Local Government ,
Trump Administration ,
Universities ,
USCIS ,
Visas
In this client alert, we discuss three week-one executive orders that reflect promises President Trump made on the campaign trail to attack DEI. Below, we summarize the key provisions for the private sector, discuss what...more
1/24/2025
/ Affirmative Action ,
Civil Rights Act ,
Compliance ,
Department of Labor (DOL) ,
Diversity and Inclusion Standards (D&I) ,
Enforcement ,
Equal Employment Opportunity Commission (EEOC) ,
Executive Orders ,
False Claims Act (FCA) ,
Federal Contractors ,
Trump Administration
As anticipated, the second Trump Administration began with the release of numerous executive orders. In this client alert, part of Jenner & Block’s “First 100 Days” series, we unpack three orders that target diversity,...more
1/24/2025
/ Affirmative Action ,
Civil Rights Act ,
Department of Justice (DOJ) ,
Department of Labor (DOL) ,
Diversity and Inclusion Standards (D&I) ,
Equal Employment Opportunity Commission (EEOC) ,
Executive Orders ,
Federal Contractors ,
Legislative Agendas ,
New Legislation ,
OFCCP ,
Title IX ,
Trump Administration ,
Universities
While much uncertainty lies ahead as we enter 2025, the coming year is sure to see further attacks on corporate DEI efforts nationwide. With President Trump returning to the White House, the federal government is set to take...more
1/7/2025
/ Board of Directors ,
Commercial Litigation ,
Congressional Investigations & Hearings ,
Corporate Counsel ,
Corporate Executives ,
Corporate Governance ,
Department of Justice (DOJ) ,
Diversity ,
Diversity and Inclusion Standards (D&I) ,
Government Agencies ,
Litigation Strategies ,
Reverse Discrimination ,
Shareholders
On June 29, 2024, one year passed since the Supreme Court’s landmark decision in Students for Fair Admissions (SFFA), which overturned fifty years of legal precedent in striking down the race-conscious admissions programs at...more
On April 19, 2024, the US Department of Education issued the final version of its new and long-awaited Title IX regulations. The Final Rule’s release follows a notice-and-comment period that drew over 240,000 comments from...more
5/1/2024
/ Department of Education ,
Educational Institutions ,
Final Rules ,
Investigations ,
New Regulations ,
Notice and Comment ,
Notice of Proposed Rulemaking (NOPR) ,
Regulatory Agenda ,
Sexual Conduct ,
Title IX ,
Trump Administration
On April 17, 2024, the Supreme Court issued its decision in Muldrow v. City of St. Louis, a closely watched employment discrimination case. In a unanimous opinion written by Justice Kagan, the Court reversed the Eighth...more
4/19/2024
/ Civil Rights Act ,
Diversity and Inclusion Standards (D&I) ,
Employee Transfers ,
Employer Liability Issues ,
Employment Discrimination ,
Employment Litigation ,
Equal Employment Opportunity Commission (EEOC) ,
Muldrow v City of St Louis ,
SCOTUS ,
Sex Discrimination ,
Split of Authority ,
Title VII
Challenges to corporate diversity, equity, and inclusion programs have gained momentum over the past year. As challengers refine their legal strategies, companies need a new playbook to protect and improve their DEI programs...more
4/19/2024
/ Board of Directors ,
Continuing Legal Education ,
Corporate Governance ,
Diversity ,
Diversity and Inclusion Standards (D&I) ,
Enforcement Actions ,
Equity ,
Risk Management ,
Shareholders ,
Students for Fair Admissions v Harvard College ,
Students for Fair Admissions v University of North Carolina ,
Webinars
On March 5, 2024, the United States District Court for the Northern District of Texas struck down key provisions of the Minority Business Development Act of 2021, which promotes the provision of business development services...more
Anti-DEI litigants have zeroed in on the healthcare industry in their growing number of legal challenges to diversity, equity, and inclusion (DEI) initiatives. While some of these challenges began before the U.S. Supreme...more
On March 4, 2024, the Supreme Court vacated the Fourth Circuit Court of Appeals’ judgment in a case challenging Virginia Tech’s bias intervention and response team policy, instructing the court to dismiss the case as moot. ...more
On February 20, 2024, the Supreme Court denied certiorari in a closely watched case, Coalition for TJ v. Fairfax County School Board, challenging the admissions policies of Thomas Jefferson High School for Science and...more
From the classroom to the boardroom, attacks on diversity, equity, and inclusion (DEI) gained significant momentum in 2023. Bolstered by their victory at the Supreme Court in the Students for Fair Admissions (SFFA) cases,...more
1/10/2024
/ Affirmative Action ,
Civil Rights Act ,
Corporate Counsel ,
Diversity ,
Diversity and Inclusion Standards (D&I) ,
Educational Institutions ,
Employment Discrimination ,
Equal Employment Opportunity Commission (EEOC) ,
Risk Assessment ,
SCOTUS ,
Students for Fair Admissions v Harvard College ,
Students for Fair Admissions v University of North Carolina ,
Title VII
On August 14, 2023, the Department of Justice’s Civil Rights Division and the Department of Education’s Office of Civil Rights issued joint guidance directed at colleges and universities in the wake of the Supreme Court’s...more
8/16/2023
/ Affirmative Action ,
Biden Administration ,
Civil Rights Act ,
College Admissions ,
Colleges ,
Department of Education ,
Diversity ,
Diversity and Inclusion Standards (D&I) ,
Educational Institutions ,
Equal Protection ,
SCOTUS ,
Students for Fair Admissions v Harvard College ,
Universities
Please join us for a briefing on the US Supreme Court’s decision in Students for Fair Admissions v. Harvard (SFFA). In this webinar, Partners Ishan K. Bhabha and Lauren J. Hartz and Special Counsel Marcus A.R. Childress will...more
7/10/2023
/ Affirmative Action ,
College Admissions ,
Colleges ,
Continuing Legal Education ,
Diversity ,
Employer Liability Issues ,
Employment Litigation ,
Equal Protection ,
Fourteenth Amendment ,
Hiring & Firing ,
Race Discrimination ,
Risk Mitigation ,
SCOTUS ,
Students ,
Students for Fair Admissions v Harvard College ,
Webinars
On June 29, 2023, the Supreme Court issued its decision in Students for Fair Admissions (SFFA) v. President & Fellows of Harvard College and SFFA v. University of North Carolina. In a 6-3 decision[1] authored by Chief Justice...more
7/3/2023
/ Bias ,
College Admissions ,
Colleges ,
Discrimination ,
Diversity ,
Diversity and Inclusion Standards (D&I) ,
Educational Institutions ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Race Relations ,
Rehabilitation Act ,
State Labor Laws ,
Students for Fair Admissions v Harvard College ,
Title VII ,
Universities
As a growing number of state legislatures across the country advance anti-DEI initiatives before the end of their respective legislative sessions, diversity statements are in the crosshairs. Diversity statements began...more
Earlier this month, the Department of Education released an “Athletics Notice of Proposed Rulemaking,” which would prohibit federal funding recipients from categorically excluding transgender students from the athletics teams...more
Since we published our prior client alert on state efforts to dismantle diversity, equity, and inclusion (DEI) initiatives, state-level anti-DEI efforts have gained significant momentum. Several new anti-DEI legislative...more
As universities and corporations across America have expanded their diversity, equity, and inclusion (DEI) efforts in recent years, some states are pushing back. Florida and its governor, Ron DeSantis, have led this...more
The last few years have been eventful and, at times, difficult ones for institutions of higher education. Institutions have been deeply impacted by issues ranging from the COVID-19 pandemic, to debates over free speech, to...more
2/3/2023
/ Antitrust Litigation ,
Artificial Intelligence ,
Biden Administration ,
College Admissions ,
College Athletes ,
Colleges ,
Competition ,
Coronavirus/COVID-19 ,
DACA ,
Department of Education ,
Diversity ,
Educational Institutions ,
Immigration ,
Loan Forgiveness ,
New Rules ,
OCR ,
Race Discrimination ,
Student Loans ,
Students ,
Title IX ,
Universities