Former Georgia university employees secured a US Supreme Court review of whether Title IX of a federal education law allows staff at federally funded schools to bring sex discrimination claims, an issue that divides lower courts.
The justices on Monday granted the petitioners’ request to examine a US Court of Appeals for the Eleventh Circuit decision that Title IX of the 1972 Educational Amendments Act only provides a private right of action for students to bring sex bias claims. The majority of the 12 active-service judges on the circuit court last year declined to rehear the dispute en banc, keeping a three-judge circuit panel’s ruling in place.
The high court’s review could resolve a split among federal appellate courts on the issue and also clarify whether Title IX may give workers an implied right to sue for job bias, after its 2005 Jackson v. Birmingham Board of Education decision recognizing that the law covers employees’ allegations of retaliation.
The First, Second, Third, Fourth, Sixth, Eighth, Ninth, and Tenth circuits permit employees to pursue sex bias claims against educational institutions under Title IX, former Augusta University art professor Thomas Crowther and former Georgia Tech women’s basketball coach MaChelle Joseph argued in their petition. The Fifth and Seventh Circuits held otherwise, the filing said.
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