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Author Archives: Andrew Miltenberg

Pregnancy-Related Discrimination – Guidance on Title IX Applications

| Author: Andrew Miltenberg | Title IX, Title IX : Employment

While Title IX regulations have made it illegal to discriminate on the basis of pregnancy and related conditions since 1975, educational institutions still need reminders about their responsibilities under the law. That is the basic premise behind a fact source issued by the Department of Education’s Office for Civil Rights on pregnancy-related discrimination.   This guidance …

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High Number of Comments on Proposed New Title IX Regs Cause Biden Administration to Delay Release of Final Rules

| Author: Andrew Miltenberg | Student Rights, Title IX

Last summer, at about the time Title IX proponents were celebrating the 50th anniversary of the landmark legislation, the Biden Administration released their eagerly-anticipated proposals for revising Title IX regulations that had been sharply adjusted during the Trump Administration in 2020. During the next three months, the Department of Education accepted comments on the proposals. …

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Title IX’s Disappointing Effects on Leadership in Athletics

| Author: Andrew Miltenberg | Title IX, Title IX : Athletics

Provisions in the Education Amendments of 1972, now referred to simply as “Title IX,” were enacted to eliminate gender-based discrimination in educational institutions that receive federal funding, which by extension includes almost all colleges and universities as well as public primary and secondary schools. While Title IX affects all aspects of school programming and extracurricular …

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The Supreme Court Ruling on Emotional Distress Under Discrimination Statute and Possible Effects on Title IX Cases

| Author: Andrew Miltenberg | Title IX, Title IX : News

It’s been more than a year since the U.S. Supreme Court ruled in Cummings v. Premier Rehab Keller P.L.L.C. that victims of intentional discrimination on the basis of a disability cannot recover damages for emotional pain and suffering from entities that receive federal funding. The holding effectively bars the recovery of emotional distress damages under …

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Recent OCR Guidance Regarding Athletics Does Not Address Sexual Orientation or Gender Identity

| Author: Andrew Miltenberg | Student Rights, Title IX, Title IX : Athletics

For those who are anxiously waiting to find out the current legal standing of LGBTQIA+ students who feel thwarted in their efforts to participate in college athletics, the new Title IX athletics guidance issued recently by the U.S. Department of Education’s Office for Civil Rights (OCR) is a disappointment. While the guidance can prompt educational …

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