New Federal Guidelines on Supporting Transgender Students Under Title IX

Amidst a recently intensified national debate regarding support for transgender students in schools, the U.S. Department of Justice (DOJ) and Department of Education (DOE) today issued new guidance setting out guidelines for how they will enforce Title IX of the Education Amendments of 1972’s prohibition against denying equal educational opportunities based on student’s sex. The guidance confirms that the DOJ and DOE interpret a student’s “sex” based on gender identity, or that person’s subjective or internal gender, as opposed to sex assigned at birth.

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American Association for Affirmative Action Commends the Obama Administration for Supporting Equal Opportunity and Diversity

American Association for Affirmative Action Commends the Obama Administration for Supporting Equal Opportunity and Diversity in Education Programs

Association of Equal Opportunity Professionals Applauds the Departments of Education and Justice for Issuing Guidance that Supports Educational Opportunities for All Students


For Immediate Release
December 5, 2011
Contact:

Shirley J. Wilcher, Executive Director
202-349-9855; 240-893-9475

Washington, DC, December 5, 2011 – The American Association for Affirmative Action (AAAA), an organization of more than one thousand equal opportunity, affirmative action and diversity professionals and institutions highly commends the Obama Administration for issuing guidance that recognizes the “benefits that flow from achieving a diverse student body.” Citing the U.S. Supreme Court’s 2003 decisions in Gratz and Grutter v. Bollinger the US Departments of Education and Justice issued a joint guidance document that explains what colleges and universities can lawfully do to promote a diverse student body. In so doing, the Obama Administration has stated unequivocally that educational institutions can voluntarily consider race among other factors to promote student body diversity.

“What the Departments of Education and Justice have done is to correctly interpret the Supreme Court’s decisions and to allay any concerns that colleges and universities may have had that their efforts to achieve a diverse student body were inconsistent with the law,” said AAAA President Gregory T. Chambers. “The Administration rightly acknowledged that programs to promote access, equity and diversity benefit all students and assist those who have been historically disadvantaged to compete in the global marketplace,” Chambers added.

OCR and Justice acknowledged the legal necessity of seeking race-neutral alternatives unless they are unworkable and of using a holistic and individual assessment of the student, with race as one of many factors. Institutions can also use socio-economic status, geography, a history of hardships, or percentage plans as in the State of Texas, as additional considerations. What is significant is that the Administration has encouraged recruitment to broaden the pool of qualified applicants, partnerships with Historically Black Colleges and Universities (HBCUS) and “feeder schools” that are identifiable based on their demographics. This expands upon the range of schools that selective colleges and universities may currently use in their admissions considerations; schools that heretofore (e.g. college prep schools) may have benefited only students who were economically or racially advantaged.

Founded in 1974, the American Association for Affirmative Action (AAAA) is a national not-for-profit association of professionals working in the areas of affirmative action, equal opportunity, and diversity. We assist our members to be more successful and productive in their careers. We also promote understanding and advocacy of affirmative action to enhance access, equity and diversity in employment, economic and educational opportunities.

Obama Administration Says Schools May Use Race for Diversity

Bloomberg Business Week
December 02, 2011, 4:19 PM EST

By Greg Stohr


(Updates with comment from guidance in third paragraph.)

Dec. 2 (Bloomberg) -- The Obama administration told school districts and universities they may consider the race of students in programs to foster diversity, revoking Bush administration guidelines that had advocated race-neutral enrollment policies.

The U.S. Justice Department and Education Department laid out approaches schools can use to promote racial diversity in documents released today. The policy represents the administration’s interpretation of three recent Supreme Court decisions that have limited the use of race, without outlawing it altogether.

Full Story: http://www.businessweek.com/news/2011-12-02/obama-administration-says-schools-may-use-race-for-diversity.html

OCR and Justice Release Joint Guidance on Voluntary Efforts to Promote Racial Diversity

The Department of Justice's Civil Rights Division and the Department of Education's Office for Civil Rights have just released new guidance on how educators can lawfully pursue voluntary policies to achieve diversity or avoid racial isolation.

The Dear Colleague letter can be reached at: http://www2.ed.gov/about/offices/list/ocr/letters/colleague-201111.html. As Assistant Attorney General Tom Perez stated, "Diversity is a remarkable source of strength."

A copy of the joint guidance follows.

Dear Colleague Letter
OFFICE OF THE ASSISTANT SECRETARY
U.S. Department of JusticeCivil Rights Division
U.S. Department of EducationOffice for Civil Rights
More Resources
Dear Colleague LetterPDF (136K)
Guidance ESEPDF (290K)
Guidance PSEPDF (124K)

December 2, 2011

Dear Colleague:

Today, the United States Department of Education (ED) and the United States Department of Justice (DOJ) are jointly issuing guidance that explains how educational institutions can lawfully pursue voluntary policies to achieve diversity or avoid racial isolation within the framework of Titles IV and VI of the Civil Rights Act of 1964, the Equal Protection Clause of the Fourteenth Amendment to the U.S. Constitution, and current case law. The guidance is presented in two documents, one for elementary and secondary schools and the other for postsecondary institutions. This guidance replaces August 2008 letters titled “The Use of Race in Assigning Students to Elementary and Secondary Schools” and “The Use of Race in Postsecondary Student Admissions” issued by ED’s Office for Civil Rights (OCR). Concurrent with the issuance of this guidance, the August 2008 letters are withdrawn.
The new guidance documents review three key Supreme Court rulings on the use of race by educational institutions, and provide examples of options that schools and postsecondary institutions may wish to consider in structuring programs that lawfully further diversity or reduce racial isolation. Both guidance documents provide examples of different educational contexts within which institutions may permissibly consider race to pursue their compelling objectives. For example, the elementary and secondary guidance discusses school districts’ options in areas such as student assignment, student transfers, school siting, feeder patterns, and school zoning. Similarly, the postsecondary guidance provides examples of how colleges and universities can further diversity in contexts including admissions, pipeline programs, recruitment and outreach, and mentoring, tutoring, retention, and support programs.
OCR and DOJ are available to provide technical assistance, and welcome questions about the application of this guidance to educational institutions. To submit questions or receive technical assistance, please contact the OCR regional office for your state or territory at http://wdcrobcolp01.ed.gov/CFAPPS/OCR/contactus.cfm. To contact DOJ for assistance, please contact the Educational Opportunities Section at (202) 514-4092, (877) 292-3804, or education@usdoj.gov.
Sincerely,
/S/
/S/
Russlynn Ali
Assistant Secretary
Office for Civil Rights
U.S. Department of Education
Thomas E. Perez Assistant Attorney General Civil Rights Division U.S. Department of Justice
Attachments

http://www2.ed.gov/about/offices/list/ocr/letters/colleague-201111.html

HIV and the workplace: an update for employers

Lexology.com
Ogletree Deakins
Denise Cotter Villani and Dallan F. Flake
USA

Employers need to educate themselves about their potential obligations to HIV-infected employees in the workplace. The need for employers and their supervisors and managers to understand the relationship between the Americans with Disabilities Act (ADA) and HIV-infected employees is highlighted by the recent settlement between the Equal Employment Opportunity Commission (EEOC) and L&R Express Food Mart Inc., which runs a chain of convenience stores.
A Recent Case Study
The EEOC sued L&R on behalf of an employee who claimed that L&R fired him after discovering he was HIV-infected allegedly because the company feared sales would suffer if customers learned about the employee's medical condition. The settlement, which was announced in January, requires the company to pay $19,000 in damages to the employee and to designate and train, to the EEOC's specifications, an "Equal Opportunity Officer." The Equal Opportunity Officer will be responsible for implementing policies and procedures to ensure ADA com-pliance and for training all L&R supervisors and managers on the anti-discrimination provisions of the ADA and other discrimination laws. As part of the settlement, L&R must submit annual compliance reports to the EEOC.
Employee Rights
In the past, conflicting court opinions created confusion for employers about the rights of HIV-infected employees in the workplace. But recent decisions, often relying on the 2009 amendments to the Americans with Disabilities Act (ADA Amendments Act) and the Department of Justice's most recent publication on HIV in the Workplace called Questions and Answers: The Americans with Disabilities Act and Persons with HIV/AIDS (DOJ Guidance), have clarified the standards that HIV-infected employees must meet to prove they are disabled. Relying on these publications, courts are increasingly finding that HIV-infected employees qualify as disabled for ADA purposes. Moreover, courts now routinely hold that HIV-infected employees have a constitutionally protected right to privacy regarding their HIV status.

Full Story: http://www.lexology.com/library/detail.aspx?g=9202ad4d-5607-4691-9750-6b9f0839cf10&utm_source=Lexology+Daily+Newsfeed&utm_medium=HTML+email+-+Body+-+Federal+section&utm_campaign=Lexology+subscriber+daily+feed&utm_content=Lexology+Daily+Newsfeed+2011-04-28&utm_term=

ADA changes effective March 15, 2011: what it means for your business

Lexology.com
Jackson Walker LLP
Randy A. Racine
USA
March 11 2011

The U.S. Department of Justice’s amended Final Rule, which substantially revises and expands the regulations implementing the Americans with Disabilities Act (ADA), becomes effective on March 15, 2011. The revisions set forth in the amended Final Rule potentially have far-reaching implications for owners and operators of businesses, developers, lenders, commercial landlords and tenants. Full compliance with the new regulations is mandatory by March 15, 2012.
In addition to important changes to Title II of the ADA, which requires nondiscrimination on the basis of disability in governmental services, the amended Final Rule also changes Title III of the ADA, which covers private enterprises and facilities. Common examples of facilities covered by Title III include financial institutions, hospitals, doctors’ offices, restaurants, shopping centers, retail stores, hotels, movie theaters, private schools, convention centers, day care centers, fitness clubs, sports stadiums and other recreation facilities.

Full Story: http://www.lexology.com/library/detail.aspx?g=bf0bb1b3-3d7b-4bdb-b79d-1258c7d88eb5&utm_source=Lexology+Daily+Newsfeed&utm_medium=HTML+email+-+Body+-+Federal+section&utm_campaign=Lexology+subscriber+daily+feed&utm_content=Lexology+Daily+Newsfeed+2011-03-16&utm_term=

Justice Department Reaches Settlement with University of South Carolina to Ensure Students Are Free from Harassment

Department of Justice
Office of Public Affairs
FOR IMMEDIATE RELEASE
Wednesday, November 10, 2010

Justice Department Reaches Settlement with University of South Carolina to Ensure Students Are Free from Harassment

WASHINGTON – The Justice Department reached a settlement agreement with the University of South Carolina to resolve an investigation into the university’s policies and procedures related to discrimination and harassment.
After receiving a report of race discrimination on campus, the department examined the university’s policies and practices related to the handling of complaints of discrimination and harassment. Federal civil rights laws require public institutions to appropriately address and respond to such complaints. To meet this federal standard, the university agreed to improve its policies and practices for receiving, investigating and resolving complaints of discrimination and harassment. The settlement agreement will ensure that students, faculty and administrators understand and are trained on their responsibilities under the university’s policies, including when and how to report incidents of harassment or discrimination, and will require the university to respond to such complaints in a timely and effective manner. In order to ensure ongoing compliance with its revised policies, the university also will train select administrators, faculty and students to lead future trainings on campus. The settlement provides that the university will adopt revised anti-discrimination and harassment policies before the start of the 2011-12 school year and will initiate training during the spring 2012 semester.
"Public institutions of higher education must ensure that their students are not denied equal access to educational opportunities," said Thomas E. Perez, Assistant Attorney General for the Civil Rights Division. "Public institutions must adopt policies and procedures that allow them to identify and respond to allegations of discrimination and harassment in a reasonable, timely and effective manner. I applaud the University of South Carolina for entering into an agreement that will communicate to students, faculty, administrators, and the public at large, that discrimination and harassment will not be tolerated on its campus."
The enforcement of Title IV is a top priority of the Justice Department’s Civil Rights Division. Additional information about the Civil Rights Division of the Justice Department is available on its website at www.justice.gov/crt .
10-1276
Civil Rights Division

http://www.justice.gov/opa/pr/2010/November/10-crt-1276.html

EEOC and DOJ Town Hall in Chicago

(From the EEOC)

The U.S. Equal Employment Opportunity Commission (EEOC) and the U.S. Department of Justice (DOJ) Civil Rights Division announce a full-day Town Hall Listening Session, on Tuesday, November 17, 2009, from 9:00 a.m. to 4:00 p.m. at Access Living, 115 West Chicago Avenue, Chicago, IL 60654.

This is one of a series of forums for public input being held throughout the country in coming weeks to obtain direct input from the business/employer communities as well as the disability and disability advocacy community on EEOC's proposed regulations under the ADA Amendments Act of 2008 (ADAAA).

Presided over by EEOC's Acting Chair, Stuart J. Ishimaru, Acting Vice Chair, Christine Griffin, and Commissioner Constance S. Barker, as well as DOJâD™s Deputy Assistant Attorney General for Civil Rights, Samuel Bagenstos, Counsel to the Assistant Attorney General for Civil Rights, Mazen Baswari, and Chief of the Disability Rights Section of the Civil Rights Division, John Wodatch, the Town Hall Listening Session is an opportunity for these officials to hear directly from stakeholders of all perspectives on the proposed regulations.

Five-minute time slots to address the panel will be available from 9:00 a.m. to 4:00 p.m. Some of the slots will be available on an advance registration basis and some on first-come, first-served sign up basis at the event. Members of the public are also invited to attend and view the proceedings, with space available on a first-come, first-served basis.

As a reasonable accommodation, there will be limited availability to provide public input by telephone. To request this accommodation you must register in advance.

Individuals representing themselves or organizations are urged to take advantage of this opportunity to provide input on the EEOC's Notice of Proposed Rulemaking which can be viewed, along with a question-and-answer guide, at www.eeoc.gov.

For more information, or to register as a speaker, please contact Ms. Rita Coffey at 312-353-7254 (TTY 312-353-2421) or at Rita.Coffey@eeoc.gov

Sign Language Interpreters, CART, and assistive listening devices will be available. If you need printed materials in an alternative format please email Elisa.gonzalez.ctr@tma.osd.mil Please let her know what you need and the location (city) of the event you will be attending.

Both EEOC and DOJ want to encourage all individuals and organizations who cannot attend this event to make sure you submit comments and attachments electronically at http://www.regulations.gov, the Federal eRulemaking Portal. The ID # is 3046-AA85. Written comments may also be submitted to Stephen Llewellyn, Executive Secretariat, EEOC, 131 M Street, NE., Suite 4NW08R, Room 6NE03F, Washington, DC 20507. Comments may be transmitted by facsimile (``FAX'') machine by dialing (202) 663-4114. (This is not a toll-free number.) Only comments of six or fewer pages will be accepted via FAX transmittal. Comments must be submitted on or before November 23, 2009.

NEW: EEOC and DOJ to hold Town Hall Meeting on ADA Proposed Regulations:

From the Equal Employment Opportunity Commission:

The U.S. Equal Employment Opportunity Commission (EEOC) and the U.S. Department of Justice (DOJ) Civil Rights Division announce a full-day Town Hall Listening Session, on Friday, October 30, 2009, from 9:00 a.m. to 4:00 p.m. at Liberty Resources, 714 Market Street, Suite 100, Philadelphia, PA 19106. This is one of a series of forums for public input being held throughout the country in coming weeks to obtain direct input from the business/employer communities as well as the disability and disability advocacy community on EEOC's proposed regulations under the ADA Amendments Act of 2008 (ADAAA). Presided over by EEOC's Acting Chair, Stuart J. Ishimaru, Acting Vice Chair, Christine Griffin, and Commissioner Constance S. Barker, as well as DOJ's Deputy Assistant Attorney General for Civil Rights, Samuel Bagenstos, Counsel to the Assistant Attorney General for Civil Rights, Mazen Baswari, and Chief of the Disability Rights Section of the Civil Rights Division, John Wodatch, the Town Hall Listening Session is an opportunity for these officials to hear directly from stakeholders of all perspectives on the proposed regulations. Five-minute time slots to address the panel will be available from 9:00 a.m. to 4:00 p.m. Some of the slots will be available on an advance registration basis and some on first-come, first-served sign up basis at the event. Members of the public are also invited to attend and view the proceedings, with space available on a first-come, first-served basis. As a reasonable accommodation, there will be limited availability to provide public input by telephone. To request this accommodation you must register in advance. Individuals representing themselves or organizations are urged to take advantage of this opportunity to provide input on the EEOC's Notice of Proposed Rulemaking which can be viewed, along with a question-and-answer guide, at www.eeoc.gov. For more information, or to register as a speaker, please contact Ms. Mary Tiernan at 215-440-2671 (TTY 215-440-2610) or at Mary.Tiernan@eeoc.gov Sign Language Interpreters, CART, and assistive listening devices will be available. If you need printed materials in an alternative format please email Elisa.gonzalez.ctr@tma.osd.mil Please let her know what you need and the location (city) of the event you will be attending. Both EEOC and DOJ want to encourage all individuals and organizations who cannot attend this event to make sure you submit comments and attachments electronically at http://www.regulations.gov, the Federal eRulemaking Portal. The ID # is 3046-AA85. Written comments may also be submitted to Stephen Llewellyn, Executive Secretariat, EEOC, 131 M Street, NE., Suite 4NW08R, Room 6NE03F, Washington, DC 20507. Comments may be transmitted by facsimile (``FAX'') machine by dialing (202) 663-4114. (This is not a toll-free number.) Only comments of six or fewer pages will be accepted via FAX transmittal. Comments must be submitted on or before November 23, 2009.
(If your organization submits comments on these proposed regulations, please share them with AAAA. Email comments to: execdir@affirmativeaction.org. Thanks!)