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• The Equal Employment Opportunity Commission (EEOC) announced it is delaying the 2022 EEO-1 Component 1 Report filing process. The EEO-1 Component 1 Data Collection had tentatively been scheduled to begin in mid-July 2023, but is now delayed to the fall of 2023. The EEO-1 Component Reports are required for all private sector employers with 100 or more employees, and task employers with providing a snapshot of their workforces, segmented by categories such as gender, race, and ethnicity. In light of this change, schools with 100 or more employees now have extra time to prepare their filings.
• The U.S. Internal Revenue Office of Chief Counsel issued a memorandum on whether developing paid name, image, and likeness (NIL) opportunities for collegiate student-athletes furthers exempt purposes under Section 501(c)(3) of the Internal Revenue Code. The memo concludes that many organizations that develop paid NIL opportunities for student-athletes are not tax-exempt under 501(c)(3) because the private benefits they provide to athletes are not incidental to any exempt purpose. The full memorandum can be found here
• The U.S. Supreme Court recently announced that it would not hear Charter Day School, Inc. v. Peltier, a case questioning whether a North Carolina K-8 charter school requiring girls to wear skirts is accountable to the same civil rights laws as traditional public schools. Last year, the Court of Appeals held that the charter school was a state actor and therefore subject to the Equal Protection Clause, and that the for-profit company responsible for the day-to-day operations of the school accepted federal funds and therefore subjected the school to Title IX. The Court of Appeals also held that the skirt requirement perpetuated harmful gender stereotypes that have adverse consequences to girls, including that girls are “fragile” and require protection from boys. Because the Supreme Court declined to hear this case, the Court of Appeals’ decision stands. We covered the Court of Appeals case in our June 2022 Private Education Matters, which can be found here.
