Federal Law
EEOC Issues Proposed Rule to Implement the Pregnant Workers Fairness Act
On August 07, 2023, the U.S. Equal Employment Opportunity Commission (EEOC) issued a Notice of Proposed Rulemaking (NPRM) to implement the Pregnant Workers Fairness Act (PWFA). The NPRM was posted by the Federal Register for public inspection and will be published for public comment in the Federal Register on August 11, 2023. Members of the public wishing to comment on the NPRM will have 60 days from the date of publication to do so through www.regulations.gov.
New LGBTQI Student Resource Toolkit
On June 20, 2023, the Department of Education (ED) released an LGBTQI Student Resource Toolkit for creating inclusive and nondiscriminatory school environments for the LGBTQI student population. The toolkit provides facts, resources, and additional links from the ED, CDC, and the DOJ. Click here to access the resource toolkit.
Notice of Proposed Rulemaking – Title IX Regulations on Students’ Eligibility for Athletic Teams
On April 6, 2023, the Department of Education’s Office for Civil Rights released the proposed change to its Title X Regulations on students’ eligibility for athletic teams. The unofficial version of the proposed regulation is available here and will be open for for public comment for 30 days from the date of publication in the Federal Register. Please go to http://www.regulations.gov to submit your comments electronically. Information on using http://www.regulations.gov, including instructions for finding a rule on the site and submitting comments, is available on the site under “FAQ.”
PUMP Act
On December 29, 2022, President Biden signed the Consolidated Appropriations Act, 2023 into law. The law included the Providing Urgent Maternal Protections for Nursing Mothers Act (“PUMP Act”), which extends to more nursing employees the rights to receive break time to pump and a private place to pump at work and may impact some of the other information provided below. Review DOL’s fact sheet regarding FLSA protections for employees to pump breast milk at work.
New OCR Resource: Discrimination Based on Pregnancy and Related Conditions
On October 4, 2022, the Department of Education’s Office for Civil Rights released a resource designed to remind school communities, including students, faculty, families, and educators, that Title IX of the Education Amendments of 1972 protects students and employees from discrimination based on pregnancy and related conditions. The regulations make clear that Title IX protects students and employees from discrimination based on pregnancy, childbirth, false pregnancy, termination of pregnancy, or recovery therefrom, and the resource discusses issues such as discrimination and exclusion, medical and other benefits and services, leave policies, and more. Click here to access the resource document.
Notice of Proposed Rulemaking – Title IX of the Education Amendments of 1972
On June 23, 2022, the U.S. Department of Education released its proposed amendments to regulations implementing Title IX of the Education Amendments of 1972. You can review the proposed regulations by clicking here.
Supporting Intersex Students Fact Sheet
In October, 2021, the U.S. Department of Education’s Office for Civil Rights released a “Supporting Intersex Students” fact-sheet, with relevant issues that can apply and resources supporting this student population. For OCR’s resource library and handouts for supporting the LBGTQI+ student community, please visit here.
Updated Guidance Regarding Use of Statements by Parties and Witnesses
On August 24, 2021, the U.S. Department of Education’s Office for Civil Rights issued guidance regarding the Department of Education’s regulations implementing Title IX of the Education Amendments of 1972 (as amended in 2020) and a federal district court’s decision in Victim Rights Law Center et al. v. Cardona, No. 1:20-cv-11104, 2021 WL 3185743 (D. Mass. July 28, 2021). The ruling vacated a provision restricting postsecondary schools’ use of statements by parties and witnesses. Click here to read the DOE/OCR guidance.
Questions and Answers on the Title IX Regulations on Sexual Harassment
On July 20, 2021, the U.S. Department of Education’s Office for Civil Rights released it’s Title IX Q&As regarding Title IX Regulations on Sexual Harassment. Click here to read the document in its entirety.
Notice of Interpretation
On June 16, 2021, the U.S. Department of Education’s Office for Civil Rights issued a Notice of Interpretation explaining that it will enforce Title IX’s prohibition on discrimination on the basis of sex to include: (1) discrimination based on sexual orientation; and (2) discrimination based on gender identity. Click here to learn more.
Executive Order 14021
On March 8, 2021, the Biden Administration issued Executive Order 14021 – Guaranteeing an Educational Environment Free From Discrimination on the Basis of Sex, Including Sexual Orientation or Gender Identity. Click here to learn more about EO 14021.
Executive Order 13988
On January 20, 2021, the Biden Administration issued Executive Order 13988 – Preventing and Combating Discrimination on the Basis of Gender Identity or Sexual Orientation. Click here to learn more about EO 13988.
Title IX Regulations
On May 6, 2020, the US Department of Education issued new Title IX regulations that took effect on August 14, 2020. UT Health San Antonio, as a recipient of federal funding, is required to abide by all of these regulations which carry the force of law. Click here for FAQ’s regarding the Title IX regulations.
Title IX Training Materials
Title IX regulations require all training materials used to train Title IX Coordinators, investigators, decision-makers, and any facilitator involved in an informal resolution process, be made publicly available on the university’s website. In accordance with §34 CFR Part 106.45(b)(10), the applicable Title IX personnel training materials can accessed here or by visiting the Title IX home page and clicking on the corresponding box located near the bottom right of the page.