Title IX of the Education Amendments of 1972 prohibits sex discrimination in educational institutions that receive federal funding. For years, federal courts have interpreted Title IX to include an implied right of action for students who believe they have been victims of such discrimination. Earlier this month, the Eleventh Circuit Court of Appeals rejected claims by university employees that Title IX also provides them with an alternative means to sue for compensation based on sex discrimination and retaliation.
The Eleventh Circuit decision involved consolidated appeals of two cases: one involving a university professor and the other involving a terminated basketball coach. In both cases, the court determined that Title VII remains the exclusive federal remedy for university employees who believe they have been the victims of sex discrimination. The Eleventh Circuit drew a distinction between students and employees. Students have no statutory claims equivalent to Title VII. When Title IX was adopted, Title VII was already law, yet Congress gave no indication of any intent to create an alternative remedy for employees. The Supreme Court previously recognized that university employee can sue for retaliation under Title IX when they act to support students facing sex discrimination. However, that limited remedy is based on the need to support and protect students. Title VII provides employees with a means to address their own direct claims of discrimination.
If followed by other federal appellate circuits, this decision would close the door on employees who miss Title VII filing deadlines or who otherwise prefer the remedies available under Title IX. Unless their claims involve defending students’ rights, the Equal Employment Opportunity Commission will be the exclusive federal forum for such actions.
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