Miller Nash attorneys Jollee Patterson and Erin Burris' article, "Comply with Latest Protections Against Discrimination Based on Sexual Orientation, Gender Identity," was published in the April 2021 issue of College Athletics and the Law.
Institutions of higher education should pay close attention to recent events increasing protections for LGBTQ+ individuals, as both the U.S. Supreme Court and President Joe Biden have taken significant action on this front, and more changes are likely on the horizon. Just last year, the U.S. Supreme Court expanded employment protections under Title VII to prohibit discrimination on the basis of gender identity and sexual orientation. And on the first day of his presidency, President Biden issued an executive order announcing that those same protections will apply under his administration's enforcement of Title IX. In February 2021, the U.S. House of Representatives passed the Equality Act, which would amend the Civil Rights Act to include protections against discrimination based on sexual orientation and gender identity in employment, housing, public accommodations, and other services. Although the Equality Act will still need to pass in the Senate, it's clear there are growing legal protections for LGBTQ+ individuals, and education institutions must act accordingly.