On April 25, 2025, the Department of Justice announced in federal court that many students studying in the United States on F-1 visas whose status was recently changed to “Terminated” for “criminal records” reasons will have...more
Former Division I student-athletes may soon hear the final whistle of the consolidated class action they brought against the National Collegiate Athletic Association (NCAA) and five of its conferences in 2020 to eliminate...more
As McGuireWoods shared on Jan. 22, 2025, the Ending Illegal Discrimination and Restoring Merit-Based Opportunity Executive Order (EO) takes aim at diversity, equity and inclusion (DEI) programs at institutions of higher...more
On Feb. 12, 2025, the Trump administration rescinded the Department of Education Office for Civil Rights’ guidance on how it planned to analyze name, image and likeness (NIL) activity under Title IX of the Education...more
On Jan. 27, 2025, the Office of Management and Budget issued a memorandum to all executive departments and agencies, including the U.S. Department of Education, requiring a temporary pause of federal financial assistance by...more
The Ending Illegal Discrimination and Restoring Merit-Based Opportunity Executive Order (EO) issued on Jan. 22, 2025, takes aim at diversity, equity and inclusion programs at institutions of higher education. (McGuireWoods’...more
On Jan. 16, 2025, the Department of Education’s Office for Civil Rights (OCR) issued guidance regarding how it will analyze name, image and likeness (NIL) activity under Title IX of the Education Amendments of 1972. The...more
On Dec. 23, 2024, President Biden signed the Stop Campus Hazing Act (SCHA), amending the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (Clery Act). The SCHA requires recipients of federal...more
On Jan. 9, 2025, the U.S. District Court for the Eastern District of Kentucky vacated the entire 2024 Title IX final rule in State of Tennessee v. Cardona, No. 2:24-00072 (Jan. 9, 2025). The Department of Education had issued...more
On Dec. 26, 2024, the U.S. Department of Education withdrew its proposed rulemaking regarding the application of sex-related criteria to participation on athletic teams under Title IX....more
As McGuireWoods explained in previous alerts, the U.S. Supreme Court’s landmark decision in Students for Fair Admissions v. President & Fellows of Harvard College (SFFA) left open several questions on its impact on higher...more
In the wake of the newly adopted Biden-era Title IX regulations, one question that continues to prompt debate among educational institutions and courts alike is whether employees can sue their employers under Title IX of the...more
On July 11, 2024, the U.S. Court of Appeals for the Third Circuit issued its long-awaited decision in Johnson, et al. v. National Collegiate Athletic Association, et al., holding that college athletes may be employees under...more
On April 17, 2024, the National Collegiate Athletic Association’s Division I Council unanimously adopted a proposal that allows NCAA member schools to provide assistance in supporting name, image and likeness (NIL) activities...more
On April 15, 2024, the Equal Employment Opportunity Commission released the long-awaited final regulations implementing the Pregnant Workers Fairness Act (PWFA). The regulations are set to be published in the Federal Register...more
On March 27, 2024, in a long-awaited decision that carries major implications for 501(c)(3) organizations and independent schools, the Fourth Circuit held that an independent school’s 501(c)(3) tax-exempt status did not...more
Affirmative action admissions developments in the higher education sector continue, as the U.S. Supreme Court recently declined to issue an emergency injunction pending appeal that would have prohibited the U.S. Military...more
The NCAA Division I Council recently adopted new rules on disclosure requirements for third-party name, image and likeness (NIL) agreements and voluntary registration for NIL service providers (sports agents, financial...more
On Aug. 14, 2023, the U.S. Departments of Justice and Education (DOJ and ED) issued guidance to institutions of higher learning concerning the U.S. Supreme Court’s landmark decision in Students for Fair Admissions, Inc. v....more
On Aug. 4, 2023, the Office of Federal Contract Compliance Programs (OFCCP) promulgated a final rule that eliminated self-imposed regulatory standards for making allegations of systemic discrimination against federal...more
On July 3, 2023, just days after the U.S. Supreme Court’s landmark decision in Students for Fair Admissions, Inc. v. President & Fellows of Harvard College (SFFA), a new challenge is arising related to collegiate admissions....more
7/7/2023
/ Affirmative Action ,
Civil Rights Act ,
College Admissions ,
Diversity ,
Diversity and Inclusion Standards (D&I) ,
Educational Institutions ,
Equal Protection ,
Fourteenth Amendment ,
Race Discrimination ,
SCOTUS ,
Students for Fair Admissions v Harvard College ,
Students for Fair Admissions v University of North Carolina ,
Title VI ,
Title VII
As McGuireWoods reported in December 2022, the National Labor Relations Board (NLRB) regional office in Los Angeles found an unfair labor practice charge filed by the National College Players against the NCAA, Pac-12...more
In November 2022, McGuireWoods reported on the evolving framework surrounding student-athletes’ ability to profit from their names, images and likenesses (NIL). Recent developments have given new life to the NIL legal...more
On April 6, 2023, the U.S. Supreme Court and the U.S. Department of Education addressed the treatment of transgender students in sports.
Specifically, in West Virginia, et al. v. B.P.J., by her next friend and mother,...more
On March 13, 2023, Illinois Gov. J. B. Pritzker signed into law the Paid Leave for All Workers Act (the Act), the first statewide paid leave law in Illinois. The law expands paid leave beyond Cook County and Chicago’s paid...more