We represent victims of reverse discrimination and anti-DEI whistleblowers

Over the past few presidential administrations, enforcement of Title IX rules has shifted drastically. Procedural rules instituted during President Trump’s first term were revised during the Biden administration, and now have been restored. Schools and other covered organizations must also adjust to the effects on Title IX that have arisen due to the Trump administration’s opposition to Diversity, Equity and Inclusion (DEI) initiatives. 

A July 29 memo from the Department of Justice discusses how the administration intends to apply federal anti-discrimination laws. Much of the text outlines how certain types of DEI efforts appear to Titles VI and VII of the Civil Rights Act, as well as Title IX, created as part of the Education Amendments of 1972. 

For schools, colleges, and universities, the stakes are high: incidents that compromise women’s privacy, safety or professional standing can constitute sex discrimination and expose institutions to investigation and liability under Title IX. This is true even if the stated intent of an educational institution’s policy is to reduce bias against particular groups, such as transgender students. 

Policies that blur or ignore sex-based boundaries in intimate facilities (locker rooms, bathrooms, overnight housing) or competitive athletics can trigger claims that women are denied equal access, privacy, or safety. Similarly, sidelining women from leadership, research opportunities or scholarships under the guise of “neutral” reforms may implicate Title IX. The guidance includes language indicating that the sex-based boundaries are rooted in biological differences. Accordingly, schools that use individuals’ gender identification to determine if a personal is allowed in a specific area might be out of compliance. 

Schools are also advised to avoid exclusionary internships, training programs and contract requirements. Institutions could risk losing their federal funding and incur additional penalties if violations are found. Incorrectly reporting to the government that an organization is complying with anti-discrimination laws can also trigger legal action under the False Claims Act.   

Kardell Law Group handles a wide range of discrimination matters for clients and is well versed in the changes that have occurred as a result of the Trump administration’s anti-DEI efforts. If you believe that you been the victim of a Title IX violation or another form of bias, contact us today for a consultation.