News & Analysis as of

Office of Civil Rights Transgender Sex Discrimination

Seyfarth Shaw LLP

Does Section 1557 Apply to Employer Group Health Plans? (And — Why That Question May Not Even Matter)

Seyfarth Shaw LLP on

Seyfarth Synopsis: Following years of back and forth, new final rules were published by the Department of Health and Human Services (HHS) on May 6, 2024 reinstituting the Department’s interpretation that the prohibition on...more

Pullman & Comley - School Law

Wins Scored for Transgender Students and Athletes

In neighboring states last week, the federal courts issued two decisions affirming the rights of transgender students and athletes.  In Connecticut, the Second Circuit of the U.S. Court of Appeals affirmed the dismissal of a...more

Franczek P.C.

What’s the Future for Biden Administration Protections for LGBTQ+ Students and Employees under Title IX?

Franczek P.C. on

Recent court and OCR decisions regarding transgender students and employees reflect widely varying responses to the Biden administration’s efforts to expand protections for LGBTQ+ individuals under federal law, including...more

Franczek P.C.

Potential Threats to Biden Administration Protections for LGBTQ+ Students and Employees under Title IX?

Franczek P.C. on

Recent court and OCR decisions regarding transgender students and employees reflect widely varying responses to the Biden administration’s efforts to expand protections for LGBTQ+ individuals under federal law, including...more

Jackson Lewis P.C.

50 Years: Title IX and Athletics

Jackson Lewis P.C. on

The 50th anniversary of Title IX provides elementary, secondary, and postsecondary institutions an opportunity to reflect on the impact of and future developments stemming from the law....more

Pullman & Comley - School Law

OCR and DOJ Issue Clear Guidance that Denying Transgender Students Access to the Bathroom and Sports Team Corresponding to Their...

On June 22, 2021, the United States Department of Education, Office of Civil Rights (“OCR”) and the U.S. Department of Justice, Civil Rights Division (“DOJ) issued a joint Fact Sheet addressed to elementary and secondary...more

Franczek P.C.

Unanswered Questions on OCR’s About-Face on Transgender Rights

Franczek P.C. on

Yesterday, the U.S. Department of Education’s Office for Civil Rights, or OCR, issued a Notice of Interpretation stating that Title IX of the Education Amendments of 1972 prohibits discrimination against LGBTQ+ students and...more

Franczek P.C.

Biden’s Executive Order on Title IX Warrants Little Practical Change for Schools

Franczek P.C. on

Yesterday, President Joe Biden issued an executive order addressing Title IX, entitled Executive Order on Guaranteeing an Educational Environment Free from Discrimination on the Basis of Sex, Including Sexual Orientation or...more

Pullman & Comley - School Law

Does President Biden’s Executive Order on Gender Identity and Sexual Orientation Discrimination Overrule OCR’s Recent Guidance?

As discussed in a prior post, OCR under the former President went to great lengths to interpret Bostock v. Clayton (which established that discrimination against someone for being transgender or homosexual was sex...more

Faegre Drinker Biddle & Reath LLP

Executive Order and Courts Clarify Supreme Court Bostock Decision Applies to Title IX, Too

On January 20, 2021, President Joe Biden signed the "Executive Order on Preventing and Combating Discrimination on the Basis of Gender Identity or Sexual Orientation.” The Executive Order explicitly extends the holding of...more

Franczek P.C.

Last Gasps and Opening Salvos: The End and Beginning of a New Era in Title IX, Part 1

Franczek P.C. on

At the beginning of last week, Donald Trump was President of the United States and we were being flooded with last minute Title IX and civil rights guidance from the outgoing Department of Education. As we near the end of the...more

Franczek P.C.

Connecticut Schools Reportedly Reach Tentative Agreement with OCR on Transgender Athletes

Franczek P.C. on

A local news source from New Haven, Connecticut, reported that the New Haven Public Schools and the U.S. Department of Education’s Office for Civil Rights have reached a tentative agreement on their current transgender...more

Fisher Phillips

A 9-Step Compliance Plan For Ensuring Transgender Students’ Title IX Rights

Fisher Phillips on

When the 9th Circuit Court of Appeals issued an opinion several weeks ago upholding a public school district’s policy allowing transgender students to use facilities that match their gender identity, it was just the latest...more

Akerman LLP - HR Defense

Department of Health and Human Services Proposes New Rule For Healthcare Workers In The Name of Religious Freedom

Healthcare employers take note: the Department of Health and Human Services (“HHS”) has issued a proposed rule that, if passed, will allow healthcare workers who object to performing certain medical procedures like abortions...more

Clark Hill PLC

Transgender Equality: Coming to a School Bathroom or Locker Room Near You!

Clark Hill PLC on

On February 22, 2017, the U.S. Departments of Education and Justice issued a letter withdrawing the statements of policy and guidance reflected in the May 13, 2016 Dear Colleague Letter on OCR's enforcement of Title IX with...more

Holland & Knight LLP

Office for Civil Rights Issues New Instructions on Transgender Student Complaints

Holland & Knight LLP on

Changing course on complaints involving transgender students, the U.S. Department of Education's Office for Civil Rights (OCR) recently issued new field instructions to its regional staff excluding discrimination claims based...more

Jackson Lewis P.C.

Investigating Transgender Student Discrimination Under New Education Department Directives

Jackson Lewis P.C. on

Department of Education regional directors have been given new instructions on sex discrimination protections for transgender students under Title IX of the Education Act of 1972. Two updated, internal Office of Civil Rights...more

Clark Hill PLC

Department of Education and Department of Justice Withdraw Title IX Transgender Student Federal Guidance

Clark Hill PLC on

On February 22, 2017, the Department of Education and the Department of Justice ("Departments") withdrew statements of policy and guidance on transgender students and their use of school restrooms and locker rooms that were a...more

Holland & Knight LLP

Religious Institutions Update: October 2016

Holland & Knight LLP on

Timely Topics - The final rule implementing Section 1557 of the Patient Protection and Affordable Care Act (ACA) was issued by the U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR) on May...more

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