Legal Updates

Legal Update Memo No. 05-2021 – 2020 Census Redistricting (K-12)

The results of the 2020 census will soon be available. Because of the decennial nature of the census, we are reminding K-12, community college districts and county boards (school agencies) that are divided into trustee areas, or that are considering changing over to them, that they should be aware of their duties under Education Code § 5019.5.

Legal Update Memo No. 04-2021(CC) – 2020 Census Redistricting (CCD)

The results of the 2020 census will soon be available. Because of the decennial nature of the census, we are reminding K-12, community college districts and county boards (school agencies) that are divided into trustee areas, or that are considering changing over to them, that they should be aware of their duties under Education Code § 5019.5.

Legal Update Memo No. 03-2021(CC) – Executive Order Clarifies that Title IX Prohibits Discrimination on the Basis of Gender Identity or Sexual Orientation (CCD)

On January 20, 2021, President Biden issued an executive order addressing last year’s U.S. Supreme Court decision , which held that Title VII prohibited employers from discriminating on the basis of sexual orientation and gender identity. The Bostock decision did not explicitly state that the legal reasoning applied under Title IX as well. As you may know, Title IX is a federal law that prohibits educational institutions that receive federal funds from discriminating on the basis of sex. Under the previous administration, the Department of Education ultimately took the position that it would not apply the reasoning of Bostock in the Title IX context.

Legal Update Memo No. 04-2021 – Executive Order Clarifies that Title IX Prohibits Discrimination on the Basis of Gender Identity or Sexual Orientation (K-12)

On January 20, 2021, President Biden issued an executive order addressing last year’s U.S. Supreme Court decision , which held that Title VII prohibited employers from discriminating on the basis of sexual orientation and gender identity. The Bostock decision did not explicitly state that the legal reasoning applied under Title IX as well. As you may know, Title IX is a federal law that prohibits educational institutions that receive federal funds from discriminating on the basis of sex. Under the previous administration, the Department of Education ultimately took the position that it would not apply the reasoning of Bostock in the Title IX context.

Legal Update Memo No. 02-2021(CC) REVISED – Mandating Vaccinations for Employees (CCD)

Currently, there is no mandatory vaccination requirement from either the state or federal government. According to California For All, presently the state “hope[s] that once Californians find out how safe and effective the COVID-19 vaccines are, they will voluntarily opt to receive them.” This Legal Update addresses the question of whether a public employer, such as community college districts, may mandate that its employees receive the COVID-19 vaccination.

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