News & Analysis as of

Title VI Civil Rights Act

ArentFox Schiff

Why the Focus on Environmental Justice Has Shifted to the States

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Addressing so-called “environmental justice” (EJ) issues was a major focus for the Biden Administration from the time it took office. But, as we prepare for a new administration, the Biden Administration’s primacy in...more

Bowditch & Dewey

3-Part Series: Fall Semester Is Underway, Is Your College Up to Date on the Latest Federal Civil Rights Guidance? Part 2

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In this three-part series, we’ll review the latest federal civil rights guidance, including Title VI, ADA and Section 504, and Title IX. PART 2: HOW TO MEET THE TRANSPORTATION NEEDS OF STUDENTS WITH DISABILITIES (ADA,...more

Goldberg Segalla

EPA Disparate Impact Assessments Permanently Halted by Louisiana Federal Court

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On August 22, the U.S. District Court for the Western District of Louisiana permanently blocked the United States Environmental Protection Agency and the U.S. Department of Justice from implement Civil Rights Act Title VI...more

Bowditch & Dewey

District of Mass. Rules on Title VI Antisemitism Case

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On July 30, a Massachusetts federal judge ruled that the Massachusetts Institute of Technology (MIT) was not deliberately indifferent to antisemitism on its campus, and provided some guidance as to how courts may interpret...more

ArentFox Schiff

Back to Campus in Today’s Environment

ArentFox Schiff on

After a year marked by student protests on university campuses nationwide, including encampments and commencement ceremony walk-outs, universities are scrambling to prepare for students’ return to campus the upcoming Fall...more

Husch Blackwell LLP

OCR Releases Fact Sheet on School Districts’ Obligations under Title VI

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On July 2, 2024, the U.S. Department of Education’s (Department) Office for Civil Rights (OCR) released a Fact Sheet, which provides guidance to help school districts prevent and address discrimination, including harassment,...more

Bond Schoeneck & King PLLC

Another Title VI Agreement and Another Insight Into OCR’s Enforcement Agenda

On July 8, 2024, the U.S. Department of Education’s Office for Civil Rights (OCR) announced that it had reached a resolution agreement with Brown University. This action followed an investigation concluding that Brown...more

Constangy, Brooks, Smith & Prophete, LLP

The man who said "no" to DEI training, and four lessons for employers

Employer's DEI mandate scores a win. A white guy refused to take his employer's mandatory "unconscious bias" training, and he was fired. He sued the employer for retaliation, his lawsuit was dismissed, and this week an...more

Bond Schoeneck & King PLLC

OCR Adds New Fact Sheet to Growing Library of Title VI Guidance

On July 2, 2024, the U.S. Department of Education’s Office for Civil Rights (OCR) released a new Fact Sheet. This document aims to help faculty, staff, students and families understand their rights and obligations under Title...more

Fenwick & West LLP

The Future of DEI Shareholder Proposals

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Following the death of George Floyd and the Black Lives Matter protests against racial inequity in 2020, many companies increased their commitments to diversity, equity and inclusion (DEI), as well as their external...more

Bond Schoeneck & King PLLC

OCR Resolves Title VI Complaints Against Two High-Profile Universities

Recent resolution agreements between the U.S. Department of Education’s Office for Civil Rights (OCR) and the University of Michigan (U-M) and the City University of New York (CUNY) offer valuable lessons for colleges and...more

King & Spalding

Louisiana Seeks Vacatur of EPA Regulations Imposing Disparate Impact Requirements; 23 States Petition EPA to Amend Title VI of the...

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A hallmark of the Biden Administration’s approach to environmental justice has been using preexisting authorities to advance its agenda, none more so than Title VI of the Civil Rights Act. That approach now faces several...more

Constangy, Brooks, Smith & Prophete, LLP

Diversity has no boundaries: The short-lived discrimination lawsuit against NYU Law Review

Diversity efforts are not synonymous with discrimination. A first-year law student at New York University, identified as Plaintiff John Doe, sued the institution in October 2023, challenging the selection process for...more

Mitchell, Williams, Selig, Gates & Woodyard,...

City of Albuquerque/Albuquerque Environmental Health Department: Natural Resources Defense Council Submits Title VI Civil Rights...

The Natural Resources Defense Council and Los Jardines Institute (collectively, “NRDC”) submitted a May 30th document to EPA styled: Complaint under Title VI of the Civil Rights Act of 1964 and the Environmental Protection...more

Lathrop GPM

In Fearless Fund Decision, Federal Court of Appeals Halts Race-Based Philanthropic Program

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In a case that has been closely watched by the charitable sector, on June 3, 2024, the U.S. Court of Appeals for the 11th Circuit issued a decision blocking a race-based grant program that provided funds and mentorship to...more

Bond Schoeneck & King PLLC

SDNY Dismisses Challenge to NYU’s Law Review Membership Selection Process

On May 30, the U.S. District Court for the Southern District of New York granted New York University’s (NYU) motion to dismiss in a lawsuit[1] from a first-year law student claiming that NYU School of Law’s process for...more

Holland & Hart LLP

New ACA 1557 Non-Discrimination Rules: Checklist For Healthcare Providers

Holland & Hart LLP on

On May 6, 2024, the Department of Health and Human Services (HHS) published its final rule revamping the non-discrimination regulations issued under § 1557 of the Affordable Care Act.  The revised rules apply to all...more

Bowditch & Dewey

OCR Provides Examples of Discrimination Based on Shared Ancestry – Colleges Take Note!

Bowditch & Dewey on

On May 7, 2024, the U.S. Department of Education’s Office for Civil Rights (OCR) again issued guidance in the form of a Dear Colleague Letter (DCL) to educational institutions discussing how Title VI of the Civil Rights Act...more

Bond Schoeneck & King PLLC

Navigating Compliance with OCR’s New Guidance on Title VI

In the midst of antiwar protests and a rise in antisemitic incidents at institutions of higher education (IHE) across the country, the Office for Civil Rights (OCR) issued a Dear Colleague Letter (DCL) on May 7, 2024...more

Goldberg Segalla

Attorneys General from 23 States Petition to End EPA's Use of Disparate Impact In Regulating Pollution

Goldberg Segalla on

Attorneys General from 23 states have filed a petition for rulemaking with the Environmental Protection Agency demanding the agency stop using Title VI of the Civil Rights Act of 1964 when regulating pollution. The petition,...more

Cozen O'Connor

Republican AGs Push Back on Scope of EPA’s Anti-Discrimination Regulations

Cozen O'Connor on

A group of 23 Republican AGs filed a petition for rulemaking to the EPA demanding that it amend its regulations under Title VI of the Civil Rights Act that prohibit recipients of EPA funds from engaging in certain...more

Miles & Stockbridge P.C.

Highlights from the 2024 Hot Topics in Employment Law Seminar

Miles & Stockbridge’s Labor, Employment, Benefits & Immigration Practice Group presented its 22nd annual Hot Topics in Employment Law seminar April 11 to clients from throughout Maryland and beyond....more

Womble Bond Dickinson

What We Are Listening for in House Education and Workforce Hearing on Columbia University’s Response to Antisemitism

Womble Bond Dickinson on

On April 17, 2024, the House Education and Workforce Committee is scheduled to hold a hearing to focus on Antisemitism in Higher Education. At the witness table will be the President of Columbia University Dr. Nemat...more

Venable LLP

Education Roundup: Challenges to DEI Efforts Continue in the Wake of Students For Fair Admissions

Venable LLP on

Institutions of higher education (IHEs) and prospective applicants continue to grapple with the shifted landscape of admissions practices after the United States Supreme Court's Students for Fair Admissions decision...more

Ballard Spahr LLP

Walden University Agrees to Proposed Settlement to Resolve Reverse Redlining Claims

Ballard Spahr LLP on

On March 28, 2024, four former Walden University students (“Plaintiffs”) filed a proposed settlement both individually and on behalf of a putative class of current and former Walden University (“Walden”) students with the...more

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