TakeawayThe DOJ and ED are allocating resources to increase enforcement of Title IX concerning participation of transgender athletes, the use of intimate spaces, and “gender ideology” generally. Article
Article Discussing Title IX And The Workplace.
Trump Administration Says Title IX Does Not Apply to NIL Pay, Rescinds Recent Guidance
On February 12, 2025, the U.S. Department of Education under the Trump administration rescinded recent guidance that name, image, and likeness (NIL) payments to college athletes implicate the gender equal opportunity requirements of Title IX of the Education Amendments of 1972.
Staying Title IX Compliant: OCR Finally Provides Schools with Guidance on Student-Athlete NIL
TakeawaysNew OCR guidance advises that name, image, and likeness agreements between schools and student-athletes will be considered financial aid and must be substantially proportionate to the participation of each sex in the school’s athletic programs. Publicity and support services will be part of the equivalent benefits, opportunities, and treatment analysis. Agreements between student-athletes and third parties will be assessed on a case-by-case basis at this time.Related link
Department of Education Warns NCAA Schools That NIL Deals May Implicate Title IX Obligations
The U.S. Department of Education warned National Collegiate Athletic Association (NCAA) schools that payments to athletes for the use of their names, images, and likenesses (NIL) implicate the gender equal opportunity requirements of Title IX of the Education Amendments, even if from outside sources.
What Should Educational Institutions Do Next for Title IX Now That Biden’s Final Rule Was Blocked by a Federal Judge?
Title IX’s Final Rule issued in April 2024 was struck down nationwide. Covered educational institutions should consult with counsel to determine their compliance options moving forward.
On January 9, 2025, the Biden administration’s Title IX Final Rule was struck down by the U.S. District Court
U.S. Department of Education’s 2024 Title IX Final Rule Addressing Sex-Based Discrimination and Sexual Harassment Vacated
On January 9, 2025, in State of Tennessee v. Cardona, Civil Action No. 2:24-cv-072-DCR, the U.S. District Court for the Eastern District of Kentucky vacated the Title IX Final Rule that was issued by the U.S. Department of Education on April 29, 2024, and became effective August 1, 2024. The
Eleventh Circuit Holds That Title IX Does Not Provide Private Right of Action for Sex-Based Employment Discrimination
On December 3, 2024, in Terrell v. Alabama State University, the Eleventh Circuit Court of Appeals held that Title IX does not provide an implied private right of action for sex discrimination in employment, deepening a split among the circuit courts.
Employees in the 11th Circuit Do Not Have a Private Right of Action Under Title IX for Employment Discrimination
11th Circuit holds Title IX does not provide plaintiffs with a private right of action for employment-based sex discrimination. Appellate court explained that Title VII governs such claims and clarified scope of protected activity under Title IX.
U.S. Department of Education Attempts to Clarify Scope of Injunctions Barring Enforcement of 2024 Title IX Regulations
The last eight weeks have seen at least six courts issue injunctions barring enforcement of the U.S. Department of Education’s 2024 Title IX Final Rule (the “2024 Rule”). Most injunction orders lack clarity about which higher educational institutions are covered by the injunctions. This has resulted in a confusing enforcement
Different School of Thought, Part IV: Partial Stays of Injunctions Against Enforcement of New Title IX Regs Requested From Supreme Court
On July 22, 2024, Solicitor General of the United States Elizabeth B. Prelogar submitted applications to the Supreme Court of the United States for a partial stay of two preliminary injunctions issued, respectively, by the U.S. District Court for the Western District of Louisiana on June 13, 2024 (affirmed by
Different School of Thought, Part V: U.S. Department of Education Attempts to Clarify Scope of Injunctions Barring Enforcement of 2024 Title IX Regulations
The last eight weeks have seen at least six courts issue injunctions barring enforcement of the U.S. Department of Education’s 2024 Title IX Final Rule (the “2024 Rule”). Most injunction orders lack clarity about which higher educational institutions are covered by the injunctions. This has resulted in a confusing enforcement
Title IX Updates Are Here (For Some of Us!)
The U.S. Department of Education’s final rule for the 2024 Title IX regulations is effective today, August 1. However, due to legal challenges, more than half of the states remain under the 2020 rules.
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.
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. The rules were scheduled to go into effect on August 1, 2024. The injunction applies to Indiana, Kentucky, Ohio, Tennessee,
Different School of Thought: 15 States Sue to Challenge 2024 Title IX Regulations
As previously discussed in our four-part series, on April 19, 2024, the U.S. Department of Education released final Title IX regulations that apply to complaints of sex discrimination occurring on or after the effective date (i.e.,August 1, 2024). States wasted no time in filing lawsuits challenging the final rule in