The New Jersey Supreme Court ruled on January 29, 2026, that Title IX—the federal law that prohibits sex discrimination in all publicly-funded educational institutions—preempted the grievance procedure in a labor contract between Rutgers University and AFSCME Local 888. Consequently, the court overturned a lower court order that had required Rutgers to arbitrate the grievance of a union employee fired based upon a Title IX complaint against him. The court also determined that the university and union could renegotiate their grievance procedure to comply with Title IX, but did not require them to do so.

The case—In the Matter of Rutgers v. AFSCME Local 888—focused on a public university with a labor contract governed by state law. That contract permitted employees to challenge discipline or discharge decisions against them, including such actions based on Title IX complaints, but did not permit the Title IX complainant any similar review or appeal rights.

While the decision does not directly apply to private universities covered by the federal National Labor Relations Act, the same policy and federal preemption considerations could apply in that context. Both public and private institutions should therefore review their collective bargaining agreements to see if grievance procedures conflict with Title IX’s protections. If so, the institutions should consider seeking legal guidance about potential exposures and remedies.

Background and Summary of Court’s Opinion

In February...

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