Supreme Court Takes Title IX Case Over 8-3 Circuit Split on Employee Sex-Bias Claims
Updated
Updated · The National Law Review · Jun 10
Supreme Court Takes Title IX Case Over 8-3 Circuit Split on Employee Sex-Bias Claims
3 articles · Updated · The National Law Review · Jun 10
Summary
May 18 brought Supreme Court review of whether Title IX lets employees at federally funded schools sue for sex discrimination or retaliation.
The justices stepped in after the Eleventh Circuit ruled in November 2024 that Title IX creates no private right of action for such employment claims, pointing instead to Title VII.
The consolidated case joins claims by former Augusta University professor Thomas Crowther and former Georgia Tech coach MaChelle Joseph, whose Title IX suits were blocked on appeal.
An 8-3 circuit split drove the petitions: the Fifth, Seventh and Eleventh Circuits reject these claims, while eight other circuits allow them.
The ruling could determine what legal path school employees nationwide can use when alleging sex discrimination or retaliation.
Title IX vs. Title VII: Which law will the Supreme Court say protects school employees?
Will university employees soon lose their right to sue for sex discrimination under Title IX?
Crowther v. Board of Regents: Supreme Court’s Review of Title IX Rights for Employees in Federally Funded Schools
Overview
The Supreme Court will review Crowther v. Board of Regents in its October 2026 term to resolve a major legal question: can employees of federally funded educational institutions bring sex discrimination claims under Title IX, or must they use Title VII exclusively? This case follows a split among federal appellate courts and a recent Eleventh Circuit decision, which denied broader Title IX claims for employees. The outcome will have significant consequences for employees, educational institutions, and federal enforcement nationwide, as it will clarify the legal avenues available for addressing sex discrimination in educational workplaces.