Does Title IX Protect School Employees? The Supreme Court Will Decide
For decades, teachers, coaches, and other employees at federally funded schools and universities have sued for sex discrimination under Title IX. Most federal courts have allowed those claims to proceed. But last year, the Eleventh Circuit — the federal appeals court covering Georgia, Florida, and Alabama — broke ranks and ruled that employees have no right to sue their federally funded school and university employers for sex discrimination under Title IX. Now, the U.S. Supreme Court has agreed to settle the question once and for all.
The Case: Crowther v. Board of Regents
The case consolidates claims brought by two Georgia employees. MaChelle Joseph coached the women’s basketball team at Georgia Tech for 16 years. She alleges that Georgia Tech fired her in 2019 shortly after she filed an internal complaint that the school was shortchanging her program on resources and facilities compared to the men’s team. Thomas Crowther, an art professor at Augusta University, was told in 2021 that his contract would not be renewed following a Title IX investigation into claims of inappropriate classroom conduct — allegations he denies. Both employees sued under Title IX. The Eleventh Circuit threw out their claims.
The Legal Question
Title IX of the Education Amendments of 1972 prohibits sex discrimination “under any education program or activity receiving Federal financial assistance.” The Eleventh Circuit, in a decision authored by Chief Judge William Pryor, concluded that nothing in that text gives employees a private right to sue under Title IX. In Pryor’s view, employees who face sex discrimination at school employers already have a remedy: Title VII of the Civil Rights Act of 1964.
Eight other federal courts of appeals have reached the opposite conclusion. That kind of conflict — called a circuit split — is precisely what prompts the Supreme Court to act. Even the Trump administration’s Solicitor General, who sides with the school on the merits, agreed the Court should take the case to resolve the disagreement.
Why This Matters
The stakes go well beyond Crowther and Joseph. Title IX and Title VII are not interchangeable. Unlike Title VII, Title IX does not require an employee to first file a charge with the Equal Employment Opportunity Commission (“EEOC”) before going to court — a significant procedural advantage that can save months or years. But under Title IX, a plaintiff cannot recover emotional distress or punitive damages. Title VII requires an aggrieved employee to file a charge of discrimination and wait for the EEOC to issue a right to sue before going to court. But Title VII allows emotional distress and punitive damages, though amounts are capped at $300,000 for the largest employers.
If the Supreme Court affirms the Eleventh Circuit, employees at federally funded schools and universities in Georgia, Florida, and Alabama will lose Title IX as a tool for challenging sex discrimination by their employers. If the Court reverses, it will restore Title IX claims in the Eleventh Circuit and bring it in line with the majority of circuits in the country.
What to Watch
The case will be argued in the fall of 2026, with a decision expected by the end of the Court’s term in June 2027. Educational institutions across the Southeast — and their employment counsel — should monitor this case closely. If the Supreme Court affirms, university employees will likely be pushed into Title VII as the primary federal route for sex-discrimination claims, making EEOC exhaustion and short filing deadlines more important while eliminating Title IX as a workaround for missed Title VII deadlines. If the Court reverses, employees will likely plead both Title VII and Title IX: Title VII for emotional-distress damages, and Title IX for broader procedural access, including no EEOC exhaustion and potentially longer limitations periods. But because Title IX damages are limited to begin with, reversal would matter more for access to courts than for expanding recoveries.
We will continue to follow Crowther v. Board of Regents as it progresses through the Supreme Court. Employers and employees with questions regarding Title IX or Title VII compliance, investigations, or potential discrimination claims are encouraged to contact us to discuss their rights and obligations.