On June 30, 2026, the U.S. Supreme Court issued its decision in West Virginia v. B.P.J., No. 24-43, together with Little v. Hecox, No. 24-38, holding that Title IX allows schools to maintain women’s and girls’ sports teams for biological females and that the challenged state laws do not violate the Equal Protection Clause. Although this is a Title IX athletics decision—not a Title VII employment ruling—it raises important questions for employers, particularly educational institutions, regarding the intersection of student-athlete eligibility policies and employment obligations.

This alert highlights key takeaways from the decision and outlines what employers should consider doing now.

What Employers Need to Know

• The Supreme Court held that Title IX permits schools to provide separate women’s and men’s sports teams defined by biological sex. The Court reversed the Fourth Circuit in West Virginia v. B.P.J. and the Ninth Circuit in Little v. Hecox.
• The majority opinion, authored by Justice Kavanaugh, expressly distinguished Bostock v. Clayton County, emphasizing that Title VII concerns employment and generally requires men and women to be treated without regard to sex, whereas Title IX authorizes sex-separated sports teams in a fundamentally different factual context.
• The decision does not overrule Bostock or eliminate Title VII protections for employees based on sexual orientation or transgender status. Employers should not read this decision as authorizing employment...

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