The U.S. Court of Appeals for the Second Circuit has ruled that Title IX of the Education
Amendments of 1972 affords a faculty member a private right of action against the faculty
member’s university for intentional gender‐based discrimination. The circuit court reversed the
The plaintiff in this case, formerly an assistant professor at Cornell University, filed an
employment discrimination lawsuit against Cornell, and other defendants. Among other things,
the plaintiff alleged both overt and implicit manifestations of bias by Cornell against him on the
basis of his gender. He asserted a variety of claims, including under Title IX, which prohibits gender
Cornell moved for judgment on the pleadings and/or for summary judgment dismissing the
claims against it on various grounds. It argued principally that Title IX does not authorize a private
right of action for discrimination in employment, and that, in any event, the plaintiff’s complaint
The district court dismissed the plaintiff’s complaint. As to the plaintiff’s Title IX claim of
gender discrimination, the district court found that Title IX does not authorize a private right of
action for an employee. It noted that although the Second Circuit had not addressed the question,
“[a]n overwhelming majority of district courts in this Circuit have found that an implied private
right of action does not exist[] under Title IX for employees alleging gender discrimination in the
The plaintiff appealed to the Second Circuit,...
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