Education

The Civil Rights Division of the United States Department of Justice (DOJ) and the Department of Education (DOE) made back-to-back announcements regarding the implementation and application of Title IX. On April 5, 2021, the DOJ released a three-page memorandum (the Memorandum) confirming that Title IX prohibits discrimination on the basis of sexual orientation and gender identity in educational settings, adopting the Supreme Court’s reasoning from the landmark Title VII case, Bostock v.… Continue Reading

The National Labor Relations Board (NLRB or Board) has withdrawn a proposed rule that would have exempted graduate students from the definition of “employees” under the National Labor Relations Act (NLRA).  Under the rule proposed in 2019, discussed in more detail here, the NLRB would have declared the relationship of graduate students with their university to be educational in nature and would have effectively barred graduate students from unionizing under most circumstances.… Continue Reading

President Biden issued a new Executive Order on “Guaranteeing an Educational Environment Free from Discrimination on the Basis of Sex, Including Sexual Orientation and Gender Identity.” The Executive Order—which he issued on International Women’s Day, March 8, 2021—directs the U.S. Secretary of Education, Miguel Cardona, to propose policy changes within the next 100 days.… Continue Reading