Education

On January 31, the U.S. Department of Education (DOE) confirmed that, effective immediately and applicable to all open Title IX investigations, it will enforce the first Trump administration’s 2020 Title IX regulations (the 2020 Rule), rather than the Biden-era regulations (the 2024 Rule). The reinstated 2020 Rule, inter alia, limits Title IX sexual harassment claims to those based on sex assigned at birth.… Continue Reading

On July 11, 2024, a three-judge panel of the U.S. Court of Appeals for the Third Circuit ruled in Johnson v. NCAA that certain college athletes may qualify as employees of their schools or the NCAA under the Fair Labor Standards Act (“FLSA”). Being classified as employees could entitle college athletes to minimum wages and overtime pay, among other rights under the FLSA.… Continue Reading

The Supreme Court’s decision in Students for Fair Admissions, Inc. v. President & Fellows of Harvard College and Students for Fair Admissions, Inc. v. University of North Carolina (collectively SFFA), in a 6-3 majority opinion authored by Chief Justice John Roberts, held that the race-conscious admissions programs at Harvard and the University of North Carolina (UNC) violate federal law.… Continue Reading

In a statement that portends additional scrutiny of the “working conditions” of college and university athletes, National Labor Relations Board (NLRB) General Counsel Jennifer Abruzzo has publicly stated her view that scholarship athletes at academic institutions are employees who have the right to organize and to be protected from discrimination and retaliation when they act concertedly to improve their working conditions.… Continue Reading