SCOTUS to hear Title IX staff suits

The U.S. Supreme Court agreed on May 19 to decide whether employees at federally funded schools can sue for sex discrimination under Title IX, taking up a dispute that has divided federal appeals courts. The case, Thomas Crowther v. Board of Regents of the University System of Georgia, asks whether Title IX of the Education Amendments of 1972 provides school employees a private right of action in employment cases. (abajournal.com) The justices’ review comes after the Eleventh Circuit said Title IX allows suits by students, but not by employees bringing workplace bias claims. (supremecourt.gov) ### Which case did the justices take? No. 25-183 is captioned Thomas Crowther, et al. v. Board of Regents of the University System of Georgia, et al., according to a Supreme Court filing by the United States as amicus curiae. (supremecourt.gov) The question presented is whether Title IX provides employees of federally funded educational institutions a private right of action to sue for sex discrimination in employment. May 19 was the date the court agreed to hear the dispute, according to ABA Journal and other legal coverage of the order. The case will be argued in the Supreme Court’s 2026-27 term. ### Who are Crowther and Joseph, and how did this reach the court? (abajournal.com) Thomas Crowther was an art professor at Augusta University, and MaChelle Joseph was the head women’s basketball coach at Georgia Tech, according to the Eleventh Circuit’s opinion. Their cases were consolidated on appeal because both raised the same legal question about Title IX and employment discrimination. Georgia Tech fired Joseph in 2019 after she filed an internal complaint alleging that her women’s program received fewer resources than the men’s program, according to ABA Journal and Higher Ed Dive. (supremecourt.gov) Crowther’s contract at Augusta University was not renewed after a Title IX investigation into student complaints, and he later sued alleging sex discrimination and retaliation, Higher Ed Dive reported, citing the court record. (abajournal.com) ### What exactly did the Eleventh Circuit decide? The Eleventh Circuit ruled in 2024 that “Title IX does not provide an implied right of action for sex discrimination in employment,” according to Chief Judge William Pryor’s opinion. The court reversed the order that had allowed Crowther’s Title IX claims to proceed and affirmed the judgment against Joseph’s Title IX claim. (media.ca11.uscourts.gov) The Eleventh Circuit said employees already have an express route to sue under Title VII of the Civil Rights Act of 1964, which bars sex discrimination in employment. In a later order denying rehearing en banc, Pryor wrote that “no one disputes” employees have a private right of action under Title VII and its administrative remedial scheme. (abajournal.com) ### Why is there a split among lower courts? The United States told the Supreme Court that the courts of appeals are divided on the issue, and the government’s brief said the question warrants review. Higher Ed Dive reported that the Eleventh Circuit’s ruling diverged from at least eight other appeals courts. (media.ca11.uscourts.gov) That split matters because Title IX and Title VII operate differently. The legal fight before the justices is not whether school employees can sue at all, but whether they can use Title IX in addition to, or instead of, Title VII in sex-discrimination employment cases. ### What will the Supreme Court actually decide? (media.ca11.uscourts.gov) The justices are set to answer a narrow statutory question: whether Title IX itself gives employees at federally funded educational institutions a private right to bring employment-discrimination suits. The Supreme Court filing in No. 25-183 states that question in those terms. The court’s answer will come after briefing and argument in the 2026-27 term. (supremecourt.gov) The next public milestones will appear on the Supreme Court docket for No. 25-183, including the briefing schedule and argument date. (supremecourt.gov) (media.ca11.uscourts.gov)