News & Analysis as of

Title IX Sexual Orientation Discrimination

Benesch

Frozen at the Starting Line: Biden’s New Title IX Rules Blocked in Majority of States as Schools Torn Between Trump Initiatives...

Benesch on

Twenty-six states filed litigation in courts nationwide to prevent the enactment of President Biden’s April 2024 revisions to the Title IX statute aimed at increasing protections for LGBTQIA+ athletes, pregnant and parenting...more

Bricker Graydon LLP

Breaking News: Supreme Court Title IX Update

Bricker Graydon LLP on

On July 22, 2024, the Solicitor General, Elizabeth B. Prelogar, submitted applications to the United States Supreme Court seeking partial stays on injunctions from the Western District of Louisiana and the Eastern District of...more

Quarles & Brady LLP

Enjoined Before Effective: Revised Title IX Regulations Blocked in 15 States And Counting

Quarles & Brady LLP on

As previously reported, the U.S. Department of Education published its highly-anticipated revised Title IX regulations on April 29, 2024. These regulations move away from the rigid procedural requirements mandated by the...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Different School of Thought, Part III: New Title IX Regulations Now Blocked by Four Courts, Affecting 15 States

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

Parker Poe Adams & Bernstein LLP

Pressing Pause: Explanations and Next Steps for Title IX Administrators Following Preliminary Injunctions

In the past week, two U.S. District Court judges have issued preliminary injunctions halting implementation of the recently-released 2024 Title IX final rule....more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Different School of Thought, Part II: New Title IX Regulations Blocked in Ten States

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

Sands Anderson PC

Title IX Alert: U.S. Department of Education Releases Highly Anticipated Revisions to Title IX Regulations

Sands Anderson PC on

On Friday, April 19, 2024, the U.S. Department of Education released its final rule amending the implementing regulations for Title IX of the Education Amendments of 1972 (Title IX). The new regulations mandate an overhaul of...more

Quarles & Brady LLP

The Revised Title IX Regulations are Finally Here: What Has Changed and What to Do Next

Quarles & Brady LLP on

On April 19, 2024, the U.S. Department of Education released the unofficial version of the final revisions to the Title IX of the Education Amendments of 1972 (Title IX) regulations, several months ahead of the late summer...more

TNG Consulting

Title IX—You’ve Never Had a Regs Implementation Like This Before

TNG Consulting on

The White House Office of Information and Regulatory Affairs (OIRA) completed its review of the 2024 Title IX Final Rule (Rule) last week. OCR quickly finalized it and released it to the public on April 19, 2024, with an...more

Ballard Spahr LLP

Department of Education Issues Amendments to Title IX Regulations

Ballard Spahr LLP on

As long expected, the U.S. Department of Education issued amendments to Title IX regulations following the public comment period. The amended regulations—totaling 1,577 pages—make clear that sex discrimination under Title IX...more

Robinson & Cole LLP

The Department of Education Releases Significant Revisions to Title IX Regulations

Robinson & Cole LLP on

On April 19, 2024, the Department of Education released final Title IX regulations. The significant revisions expand the definition of sexual harassment, attempt to remove barriers to reporting sexual harassment and extend...more

Littler

U.S. Department of Education Issues Long-Awaited Final Title IX Regulations

Littler on

On April 19, 2024, the U.S. Department of Education issued its updated final regulations enforcing Title IX of the Education Amendments of 1972 (“Title IX”), 20 U.S.C. §1681 et seq., which will govern sex discrimination...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Reeducating Educators on Discrimination Processes: the U.S. Department of Education Issues New Title IX Sex and Gender...

The final regulations amend § 34 C.F.R. 106.1, et seq. According to a statement from the Department announcing the final rule, “The unofficial version of the final regulations is available here. In addition, the Department...more

Sands Anderson PC

New Title IX Regulations Cast a Wider Net

Sands Anderson PC on

On April 19, 2024 the long-awaited Biden-era Title IX Regulations dropped. A theme in the U.S. Department of Education’s 2024 Title IX Final Rule: more protection against discrimination based on sex in federally funded...more

Kohrman Jackson & Krantz LLP

CLIENT ALERT: Biden Administration Releases Long-Awaited Title IX Regulations

On April 19, 2024, the Biden Administration released its long-awaited overhaul of the Title IX regulations governing investigations of alleged sexual misconduct and sex discrimination in federally-funded education programs....more

Pullman & Comley - School Law

Connecticut State Department of Education Issues New Transgender Student Guidance

Late last week the Connecticut State Department of Education (“CSDE” or “Department”) issued new guidance addressing the rights of transgender students in Connecticut schools.  Entitled Guidance on Civil Rights Protections...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Seventh Circuit Revives Teacher’s Religious Discrimination Case Over Transgender Students’ Names and Pronouns

On July 31, 2023, the Seventh Circuit Court of Appeals revived a Christian teacher’s religious discrimination lawsuit over his refusal to refer to transgender students by their names and pronouns with which they identified. ...more

Kohrman Jackson & Krantz LLP

Title IX and LGBTQ+ Rights: Ensuring Inclusivity and Non-Discrimination

Title IX of the Education Amendments of 1972 (Title IX) is a federal statute that prohibits discrimination on the basis of sex in the context of education. The statute is most commonly associated with athletics, and most know...more

Warner Norcross + Judd

Proposed Title IX Regulation Addresses Transgender Student Eligibility for Athletic Teams

Warner Norcross + Judd on

The Department of Education intends to amend its Title IX regulations, clarifying what sex-based criteria schools can use to establish eligibility for athletic teams. In mid-April, the Department published a notice of...more

Husch Blackwell LLP

Ninth Circuit Holds that Title IX Covers Peer Harassment Based on the Victim's Perceived Sexual Orientation

Husch Blackwell LLP on

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

Saul Ewing LLP

Appeals Court Holds That Title IX Extends To Claims Of Discrimination Based On Perceived Sexual Orientation

Saul Ewing LLP on

​The U.S. Court of Appeals for the Ninth Circuit recently held that harassment based on perceived sexual orientation constitutes sex discrimination under Title IX, extending the holding from the U.S. Supreme Court's Title VII...more

Carlton Fields

Biden Administration Seeks to Prohibit Blanket Ban on Transgender Student Athletes

Carlton Fields on

Transgender athletes’ participation in school sports has been an area of focus for governing bodies like the National Collegiate Athletic Association and the Connecticut Interscholastic Athletic Conference, as well as state...more

Poyner Spruill LLP

Department of Education Notices Proposed Title IX Regulation Addressing Transgender Participation in Athletics

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Last Thursday, April 6, 2023, the United States Department of Education (USDOE or Department) issued Notice of Proposed Rulemaking (NPRM) regarding sex-related criteria for participation on female and male athletic teams. The...more

TNG Consulting

11th Circuit Breaks with Other Appeals Courts, Upholds K-12 Sex-Based Bathroom Policy

TNG Consulting on

Adams v. School Board of St. John’s County, 3:17-cv-00739, 2022 WL 18003879 (11th Cir. 2022) Adams, a transgender boy, sued the board of his Florida school district (“the School Board”) after his high school prohibited...more

TNG Consulting

Navigating Accommodations for Pregnancy & Related Conditions Post-COVID

TNG Consulting on

The October 2022 release of the Department of Education’s resource for students and schools on Discrimination Based on Pregnancy and Related Conditions reminds Title IX Coordinators of their responsibility to address all...more

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