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Volume XII, Number 16

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Biden Administration to Review Title IX Policies and Regulations and Establish Gender Policy Council

The Department of Education has been directed to review all policies on sex and gender discrimination (including sexual violence) in schools under an executive order issued by the Biden administration on March 8, 2021.

The order further reiterates the administration’s position that laws such as Title IX of the Education Amendments of 1972, which prohibits sex discrimination, bars discrimination on the basis of gender identity and sexual orientation.

The order calls on the Secretary of Education to consult with the Attorney General to conduct a review within the next 100 days of all existing regulations, orders, guidance documents, policies, and any similar agency actions, including the final rule issued May 19, 2020 (“Nondiscrimination on the Basis of Sex in Education Programs or Activities Receiving Federal Financial Assistance,” 85 Fed. Reg. 30026). The order expressly directs the Secretary to consider whether existing agency rules and policies conflict with the current administration’s policies. It also directs the department to consider suspending, revising, or rescinding any existing agency directives that it finds during its review to be inconsistent with the Biden administration’s policies.

On the same day, the Biden administration issued another executive order establishing a Gender Policy Council within the Executive Office of the President. The council will work to advance gender equality in domestic and foreign policy development, combat systemic bias and discrimination (including sexual harassment), and focus on increasing female participation in the labor force and decreasing wage and wealth gaps. President Joe Biden will designate two co-chairs to lead the council, which also will include other cabinet secretaries. The order establishing the council also creates two council staff positions: Special Assistant to the President and Senior Advisor on Gender-Based Violence. It further requires the council to develop and submit a government-wide strategy for advancing gender equity and equality to the president within 200 days of the order.

Jackson Lewis P.C. © 2022National Law Review, Volume XI, Number 68
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About this Author

Susan D. Friedfel Employment law attorney for educational instituions in White Plains, NY of Jackson Lewis law firm
Principal

Susan D. Friedfel is a Principal in the White Plains and New York, New York, offices of Jackson Lewis P.C.

Ms. Friedfel collaborates with clients to find practical solutions for a variety of issues that arise in the workplace. She counsels clients in various industries, including law firms, financial institutions, educational institutions, and not-for-profit organizations, on a wide array of issues.

Susan D. Friedfel  provides advice and counsel on matters such as:

  • employee recruiting and hiring practices
  • family and medical leave
  • reasonable...
914-872-8027
Monica H. Khetarpal, Litigation Experience, Discrimination, Wage and Hour Violations, Jackson Lewis Law Firm
Principal

Monica H. Khetarpal is a Principal in the Chicago, Illinois, office of Jackson Lewis P.C. Her litigation experience includes cases involving claims for discrimination, harassment, wage and hour violations, FMLA violations, disability discrimination and requests for accommodation in both single plaintiff and class action matters. She regularly handles matters at all levels, from administrative agencies to appeals in both state and federal courts.

Ms. Khetarpal focuses a significant portion of her practice on representing higher education clients and serves as co...

312-803-2529
Joshua D. Whitlock Higher Education Litigation Civil Rights Attorney Jackson Lewis Law Firm North Carolina
Principal

Joshua D. Whitlock is a principal in the Charlotte, North Carolina, office of Jackson Lewis P.C. He focuses his practice on meeting the legal needs of higher education institutions.  

Josh believes deeply in higher education’s mission and impact and considers it a great privilege to work closely with institutions of all types—from community colleges, to small private schools, to large public research universities—to find thoughtful and effective answers to the unique issues that they face. Josh has extensive experience...

980-465-7242
Of Counsel

Crystal L. Tyler is Of Counsel in the Richmond, Virginia, office of Jackson Lewis P.C. She practices in the areas of employment and higher education, specifically, Title IX.

In her employment practice, Ms. Tyler represents employers in litigation, mediation, and arbitration involving a full range of employment-related claims involving arising under Title VII of the Civil Rights Act, the Americans with Disabilities Act, the Family and Medical Leave Act, the Fair Labor Standards Act, and various other federal and state laws. Ms. Tyler also provides counsel and...

804-212-2880
Associate

Amanda Brody is an Associate in the White Plains, New York, office of Jackson Lewis P.C. Her practice focuses on representing employers in workplace law matters, including preventive advice and counseling.

914-872-8060
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