Can employees of federally funded educational institutions file lawsuits against their institutions under Title IX? To date, the answer to that question has depended on where the educational employer operates.
On May 18, 2026, the U.S. Supreme Court agreed to decide that question once and for all. The Court’s decision in Crowther v. Board of Regents of the University System of Georgia, No. 25-183, expected next year, will resolve a long-standing U.S. federal circuit court split on a critical question for federally funded education employers: whether Title IX of the Education Amendments of 1972, which prohibits sex-based discrimination in any education program or activity receiving federal financial assistance, provides employees of those educational institutions a private right of action for sex discrimination in employment.
The appeal accepted by the Supreme Court arises from the Eleventh Circuit’s November 2024 decision finding that Title IX does not provide such a right of action for employees. The Eleventh Circuit ruled instead that Title VII of the Civil Rights Act of 1964 is the appropriate vehicle for employee claims that their educational employers committed sex discrimination in the workplace.
The Supreme Court’s decision will have significant implications for litigation strategy, compliance obligations, and institutional risk across colleges and universities, K-12 schools, and other federally funded education programs.
Background
As previously discussed, the...
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