Last month, the U.S. Supreme Court agreed to review an Eleventh Circuit Court of Appeals decision involving the ability of employees of educational employers to sue for sex discrimination under Title IX of the Educational Amendments of 1972. Colleges, universities, and other education institutions are more than familiar with Title IX’s application to students, athletic programs, and other aspects of their operations. In one case stemming from the Eleventh Circuit, a former basketball coach sued the university under Title IX and Title VII of the Civil Rights Act of 1964, alleging sex discrimination.

The Eleventh Circuit affirmed dismissal of the plaintiff’s Title IX claim, finding no implied private cause of action of an employee to sue their employer for sex discrimination under that law. The court pointed out the incongruities involved if an employee could avoid the limitations periods and administrative requirements of Title VII just because they work for an educational employer. They rejected arguments from the plaintiff noting that Title IX has been interpreted by the Supreme Court to find such a private right of action for lawsuits by students and retaliation claims by employees.

The Supreme Court may have accepted review of this case in order to resolve a split among the federal circuit courts on this issue. Arguably, eight circuits have recognized a private right of action for employee suits under Title IX, while two others agreed with the Eleventh Circuit. The appeal will be heard during the court’s October term, with a decision possible by late 2026 or early next year.

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