Executive Orders / Department of Education Releases
OCR Announcement of Comprehensive Review of Title IX Regulations (April 6, 2021)
Department of Education Blog – “Let’s Talk about Title IX” (April 20, 2021)
OCR Questions and Answers on the Title IX Regulations on Sexual Harassment (July 2021)
New Title IX Regulations, OIRA Review (February 17, 2022)
OCR Announces Resolution of Pregnancy Discrimination Investigation (June 14, 2022)
Executive Order on Advancing Equality for LGBTQI+ Individuals (June 15, 2022)
Significant Caselaw
Bostock v. Clayton County (2020)
Du Bois v. Board of Regents of University of Minnesota (8th Cir. 2021) (addressing retaliation claims for participants in Title IX process)
Doe v. Stonehill College (D. Mass. February 23, 2021) (case with pre-August 2020 conduct/processes – “The text of Title IX does not require a live hearing with cross-examination or any other particular procedure”)
Thomas v. University of Nebraska (D. Neb.) (DOJ filing a Statement of Interest on “the legal standards governing peer sexual harassment and retaliation claims for damages under Title IX”)
Victim Rights Law Center v. Devos (D. Mass.) finding 34 C.F.R. 106.45(b)(6)(i) to be arbitrary and capricious (July 28, 2021); vacating 34 C.F.R. 106.45(b)(6)(i) and remanding to the DOE (August 10, 2021)
Transgender Litigation
Soule v. Connecticut Assocation of Schools (D. Conn. April 25, 2021) (dismissing lawsuit requesting ban of transgender student athletes from participating on sports teams that match their gender identity)
Jackson v. West Virginia State Board of Education (S.D. W.Va) (Department of Justice filed a Statement of Interest on June 17, 2021)
Other Developments / Resources
ACLU’s Tracker of Legislation Affecting LGBT Rights Across the Country
EEOC “Sexual Orientation and Gender Identity (SOGI) Discrimination”
Fact Sheet: Reauthorization of the Violence Against Women Act (VAWA) (March 16, 2022)
Interagency Task Force on Sexual Violence in Education: 90-Day Report (November 30, 2022)
Top Members of Administration
Dr. Miguel Cardona, Education Secretary
Suzanne Goldberg, Office for Civil Rights – Acting Secretary
Michelle Asha Cooper, Office for Civil Rights – Acting Assistant Secretary for Post Secondary