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Biden Administration

The End of Forced Arbitration for Sexual Assault and Harassment

Five years after the introduction of the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act(EFASASH) by Senator Kristi Gillibrand and Senator Linsey Graham, President Biden signed it into law on March 3, 2022. Without this law, employers could prohibit their workers who have experienced sexual assault or harassment from seeking recourse in court. With EFASASH, sexual predators and their employers will no longer be able to evade public accountability. In a world where eighty-one percent of women have reported experiencing some form of sexual harassment and or assault in their lifetime, forced arbitration of sexual assault and harassment claims have only worked as a silencing mechanism.

Current Status Pending: Title IX, Deliberate Indifference, & Non-Student Offenders

With the Biden administrations new proposed Title IX regulations set to be published in April of this year, attorneys and advocates alike have been left to speculate as to what changes the Department of Education (ED) will propose. Among this speculation, is a narrower question: will ED, in their proposed Title IX regulations, finally state directly that universities can be held liable for deliberate indifference to known sexual harassment perpetrated by a non-student guest? At this point, any answer to this threshold inquiry would be speculative, but there are a few indicators that suggest the answer may be yes. 

Title IX Changes & Timelines: What Can We Do When a Final Rule Will Take Too Long?

On September 13, more than thirty members of Congress sent a letter to the Secretary of Education, Miguel Cardona, urging the Biden Administration to continue to build on the steps the administration has taken thus far to protect survivor-complaints from sexual misconduct. The letter emphasized President Biden’s clear interest in Title IX reform, celebrating many of the changes he has made since coming into office. However, alongside this praise, came the enumeration of several remaining concerns born out of the Trump Administrations widely criticized May 2020 Title IX regulations.

The Freedom to Retire Sustainably: Biden takes on Trump-era rules regarding ESG funds

In the last days of the Trump administration, the Trump Department of Labor (“DOL”) finalized a rule that made it more difficult for socially conscious investments to be included in retirement plans.  The Trump-era rule discouraged employer 401(k) and other retirement plans from offering funds from managers that consider Environmental, Social and Governance (“ESG”) factors over investment returns or risk in their due diligence.  Despite this, ESG funds continue to gain in popularity, and the new Biden administration has stated that it will not enforce the Trump-era rule as it considers reversing it.

Uh Oh Venmo…The CFPB is Cracking Down under the Biden Administration

Chandler Wright Associate Editor Loyola University Chicago School of Law, JD 2022 “Can I Venmo you?” is a phrase that many of us find ourselves saying on a weekly basis. Venmo has become not just a money-transfer application, but also a verb. In some ways, Venmo has also become a social media platform among friend …
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