New England Biz Law Update
The U.S. Supreme Court will review whether employees of federally funded educational institutions can sue their employers for workplace sex discrimination under Title IX, potentially resolving a disagreement among federal appeals courts.
The case involves two former Georgia university employees. One plaintiff, a former women’s basketball coach, alleges she was fired after raising concerns about disparities between men’s and women’s athletic programs.
The other, a former university art professor, claims he was treated differently based on sex after students alleged inappropriate classroom conduct and sexual harassment.
In each case, the plaintiffs notified the U.S. Equal Employment Opportunity Commission of alleged discrimination in addition to filing lawsuits.
Title IX vs. Title VII
The dispute centers on whether Title IX – a federal law prohibiting sex discrimination in education programs receiving federal funding – creates a right for employees to sue over workplace discrimination, or whether those claims must instead be brought under Title VII, the primary federal workplace discrimination law.
The issue matters because Title VII includes administrative filing requirements and limits on compensatory damages that Title IX does not.
The U.S. 11th Circuit Court of Appeals consolidated the Georgia university cases on appeal and ruled that employees cannot bring employment discrimination claims under Title IX because Title VII already provides a pathway for workplace complaints.
The 11th Circuit joins the 5th and 7th Circuits in holding that Title IX does not provide a right of private action for employees. Eight other federal appeals courts have reached different conclusions, creating conflicting standards depending on location.
Educational institutions on alert
Educational institutions that receive federal funding, including colleges, universities, and many public school systems, may want to monitor the case closely.
A decision allowing employees to pursue discrimination claims under Title IX could expand potential litigation options available to workers and increase legal exposure for covered institutions. A ruling the other way could reinforce Title VII as the primary avenue for workplace discrimination claims.
The Supreme Court is expected to hear the case during its fall 2026 term.
