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Articles by Barbara Gross
Higher Ed’s “Back to Campus” Fall 2025 Labor and Employment Legal Update
Presenting a “Back to Campus” interactive discussion with Littler’s higher education team, as they examine the latest legal developments shaping the labor and employment landscape in higher ed.
OCR Issues FAQs For Schools About Avoiding Racial Preferences Under Title VI
After giving educational institutions two weeks to comply with the Department of Education's Dear Colleague Letter (DCL), on February 28, the Office of Civil Rights (OCR) issued Frequently Asked Questions About Racial Preferences and Stereotypes Under Title VI of the Civil Rights Act. Title VI generally prohibits discrimination based on race, color or national origin in programs or activities that receive federal financial assistance.
OCR Issues FAQs for Schools About Avoiding Racial Preferences Under Title VI | JD Supra
March 5, 2025 Darren Gibson, Barbara Gross, Shannon Huygens, Eliza Kaye Littler + Follow x Following x Following - Unfollow Contact To embed, copy and paste the code into your website or blog: Send Print Report DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations. Attorney Advertising.
OCR Issues FAQs for Schools About Avoiding Racial Preferences Under Title VI
After giving educational institutions two weeks to comply with the Department of Education’s Dear Colleague Letter (DCL), on February 28, the Office of Civil Rights (OCR) issued Frequently Asked Questions About Racial Preferences and Stereotypes Under Title VI of the Civil Rights Act. Title VI generally prohibits discrimination based on race, color or national origin in programs or activities that receive federal financial assistance.
OCR Issues FAQs for Schools About Avoiding Racial Preferences Under Title VI
After giving educational institutions two weeks to comply with the Department of Education’s Dear Colleague Letter (DCL), on February 28, the Office of Civil Rights (OCR) issued Frequently Asked Questions About Racial Preferences and Stereotypes Under Title VI of the Civil Rights Act. Title VI generally prohibits discrimination based on race, color or national origin in programs or activities that receive federal financial assistance.
Trump Bans Transgender Women Athletes from Participating in Athletics | JD Supra
In the latest slew of executive orders affecting educational institutions, on February 5, 2025, President Trump signed an order titled, “Keeping Men Out of Women’s Sports.” This order states, “it is the policy of the United States to rescind all funds from educational programs that deprive women and girls of fair athletic opportunities…and oppose male competitive participation in women’s sports more broadly.” As seen in previous executive orders, Trump cites to his January 20, 2025 executive...
Recent Executive Orders And Dear Colleague Letter Affecting Educational Institutions
In the two weeks since President Trump took office, he has issued numerous orders, many of which affect educational institutions. The following summarizes the most recent executive orders and directives affecting our education clients.
Trump Bans Transgender Women Athletes from Participating in Athletics
In the latest slew of executive orders affecting educational institutions, on February 5, 2025, President Trump signed an order titled, “Keeping Men Out of Women’s Sports.” This order states, “it is the policy of the United States to rescind all funds from educational programs that deprive women and girls of fair athletic opportunities…and oppose male competitive participation in women’s sports more broadly.” As seen in previous executive orders, Trump cites to his January 20, 2025 executive...
Recent Executive Orders and Dear Colleague Letter Affecting Educational Institutions | JD Supra
In the two weeks since President Trump took office, he has issued numerous orders, many of which affect educational institutions. The following summarizes the most recent executive orders and directives affecting our education clients.
Recent Executive Orders and Dear Colleague Letter Affecting Educational Institutions
In the two weeks since President Trump took office, he has issued numerous orders, many of which affect educational institutions. The following summarizes the most recent executive orders and directives affecting our education clients.
Higher Ed DEI Practices to Be Reviewed Under President’s New Executive Order | JD Supra
A new executive order, Ending Illegal Discrimination and Restoring Merit-Based Opportunity, may impact DEI practices in higher education. Under the EO, by May 21, the secretary of education must report on “the most egregious and discriminatory DEI practitioners” in higher education.
Higher Ed DEI Practices to Be Reviewed Under President’s New Executive Order
A new executive order, Ending Illegal Discrimination and Restoring Merit-Based Opportunity, may impact DEI practices in higher education. Under the EO, by May 21, the secretary of education must report on “the most egregious and discriminatory DEI practitioners” in higher education.
What Should Educational Institutions Do Next for Title IX Now That Biden’s Final Rule Was Blocked by a Federal Judge? | JD Supra
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 for the Eastern District of Kentucky, which declared the regulations unconstitutional for all schools nationwide. The case is State of Tennessee v. Cardona.
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 for the Eastern District of Kentucky, which declared the regulations unconstitutional for all schools nationwide. The case is State of Tennessee v. Cardona.
A Look At The Proliferation Of New Legislation Addressing IE&D Across The Country
There has been an explosion of inclusion, equity and diversity-based legislation over the last two years. Since 2023, dozens of "anti-IE&D" bills have been introduced and 12 have become law, attempting to restrict IE&D-related activities. At the same time, several jurisdictions have recently sought to introduce "pro-IE&D" bills that would require IE&D training and other IE&D-related activities.
A Look at the Proliferation of New Legislation Addressing IE&D Across the Country | JD Supra
There has been an explosion of inclusion, equity and diversity-based legislation over the last two years. Since 2023, dozens of “anti-IE&D” bills have been introduced and 12 have become law, attempting to restrict IE&D-related activities. At the same time, several jurisdictions have recently sought to introduce “pro-IE&D” bills that would require IE&D training and other IE&D-related activities.
A Look at the Proliferation of New Legislation Addressing IE&D Across the Country
There has been an explosion of inclusion, equity and diversity-based legislation over the last two years. Since 2023, dozens of “anti-IE&D” bills have been introduced and 12 have become law, attempting to restrict IE&D-related activities. At the same time, several jurisdictions have recently sought to introduce “pro-IE&D” bills that would require IE&D training and other IE&D-related activities.
U.S. Department of Education Issues Long-Awaited Final Title IX Regulations | JD Supra
U.S. Department of Education issued final Title IX regulations governing sex discrimination complaints involving educational institutions. The regulations clarify terms, expand the geographical scope of Title IX, amend the investigation process, and include sexual orientation, gender identity, and pregnancy/lactation issues within Title IX’s protections. Educational institutions have until August 1, 2024, to update their policies and train staff on the new Title IX requirements.
U.S. Department of Education Issues Long-Awaited Final Title IX Regulations
U.S. Department of Education issued final Title IX regulations governing sex discrimination complaints involving educational institutions. The regulations clarify terms, expand the geographical scope of Title IX, amend the investigation process, and include sexual orientation, gender identity, and pregnancy/lactation issues within Title IX’s protections. Educational institutions have until August 1, 2024, to update their policies and train staff on the new Title IX requirements.
U.S. Department of Education Issues Long-Awaited Final Title IX Regulations
U.S. Department of Education issued final Title IX regulations governing sex discrimination complaints involving educational institutions. The regulations clarify terms, expand the geographical scope of Title IX, amend the investigation process, and include sexual orientation, gender identity, and pregnancy/lactation issues within Title IX’s protections. Educational institutions have until August 1, 2024, to update their policies and train staff on the new Title IX requirements.
DOL Updates Guidance on Unpaid Interns, Embracing Circuit Courts' Approach
The U.S. Department of Labor recently announced a significant change in its interpretation of the Fair Labor Standards Act (FLSA) with respect to interns. The FLSA, of course, regulates an employer’s duty to pay minimum wage and overtime compensation to its employees. For years, the DOL has employed a six-factor test to determine whether these requirements apply to interns working for private employers.
DOL Updates Guidance on Unpaid Interns, Embracing Circuit Courts' Approach
The U.S. Department of Labor recently announced a significant change in its interpretation of the Fair Labor Standards Act (FLSA) with respect to interns. The FLSA, of course, regulates an employer’s duty to pay minimum wage and overtime compensation to its employees. For years, the DOL has employed a six-factor test to determine whether these requirements apply to interns working for private employers.
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