Everyone in this space already knows that federal enforcement activity is quickly shifting. Scrutiny has been heightened for weeks, and expectations are still in place amid all of the legal uncertainty. ICS wants to offer support to help you anticipate where federal attention is heading and how to react once it appears at your doorstep. […]
On March 19th, The Equal Employment Opportunity Commission (EEOC) and U.S. Department of Justice (DOJ) released two technical assistance documents regarding unlawful discrimination related to “diversity, equity, and inclusion” (DEI) programs in the workplace. These guidance documents provide some clarity on what DEI programs may be perilous under the President’s new executive orders. The guidance […]
The 11th Circuit Court of Appeals (Alabama, Georgia, Florida) in Joseph v. Board of Regents of the University System of Georgia recently ruled on whether Title IX provides a private right of action for employment discrimination. Two former employees sued Georgia Tech for their respective dismissals from the University, including for claims of sex discrimination […]
On October 1, 2022, a federal district court in Texas held that the EEOC’s Guidance that cited Bostock is unlawful. The court also held that the EEOC violated the Administrative Procedures Act by issuing rules without notice and an appropriate comment period. In 2020, the Supreme Court decided Bostock v. Clayton County and held that […]
In Jackson v. Birmingham Bd. Of Educ., the Supreme Court recognized retaliation as an actionable claim under Title IX, holding that “when a funding recipient retaliates against a person because he complains of sex discrimination, this constitutes intentional ‘discrimination’ ‘on the basis of sex,’ in violation of Title IX.” 544 U.S. 167, 174 (2005). However, […]
