On June 6, 2017, Candice Jackson, Acting Assistant Secretary for Civil Rights for the U.S. Department of Education, sent the Office for Civil Rights (OCR) Regional Directors a memorandum outlining how to evaluate and investigate complaints involving students who identify as transgender. Under the Obama Administration, the Department of Education and Department of Justice issued a joint Dear Colleague Letter which provided specific information regarding Title IX recipients’ obligations and examples of how transgender students’ complaints of sex discrimination should be evaluated. On February 22, 2017, the Department of Education withdrew  the 2016 Dear Colleague Letter, and now Jackson’s memorandum serves as guidance.
Continue Reading

Ladies room and mens roomThe extension of civil rights protections to transgender and gender non-conforming individuals is rapidly evolving.  These issues are playing out in schools across the country, and a recent Seventh Circuit decision seems to suggest that transgender students will be afforded Title IX and Fourteenth Amendment protections.

In Whitaker v. Kenosha Unified School Dist. No. 1., No. 16-3522, 2017 WL 2331751 (7th Cir. 2017) the Seventh Circuit affirmed a Wisconsin District Court’s decision granting a transgender student a preliminary injunction to use the bathroom that corresponds with his gender identity, rather than his biological sex. 
Continue Reading

200275123-001In a joint letter issued February 22, 2017, the Departments of Education (ED) and Justice (DOJ) withdrew prior Title IX guidance from the Obama administration that required schools receiving federal funding to allow students to use sex-segregated facilities according to their gender identity, as opposed to their anatomical birth sex. To learn more, please visit

The FCC recently provided additional guidance about the kinds of school-initiated text messages and automated calls that are exempt from liability under the federal Telephone Consumer Protection Act (TCPA). Below is a brief background of relevant portions of the TCPA, a summary of new guidance from the FCC, and a few open issues to consider.

The TCPA

The TCPA was passed in 1991 to curb the rampant and harassing telemarketing practices of the time, and established relatively high-dollar civil liability – $500 to $1500 per violation – as its enforcement mechanism. In relevant part, the TCPA makes it unlawful to use “an automatic telephone dialing system” to call (or text) any number assigned to a cellular telephone service, and allows the recipient to sue the caller if he/she received such a call. There are two statutory exceptions to liability under the TCPA:

  • where the recipient of the call provided his or her prior express consent to be called, or
  • where the call was placed for an “emergency purpose,” defined as “any situation affecting the health and safety of consumers.”

47 U.S.C. § 227 (b)(1); 47 C.F.R. § 64.1200(f)(4).
Continue Reading