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Employer Liability Issues › Sexual Harassment › Educational Institutions

Husch Blackwell LLP

$10M California Jury Verdict Reversed and Remanded Over Evidentiary Issues

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A California Superior Court recently saw its decision reversed on appeal to the California Court of Appeal over several improper evidentiary rulings in Sabrena Odom v. Los Angeles Community College District, et al., (2025)...more

Seyfarth Shaw LLP

In the Zone: Third Circuit Expands Title IX’s “Zone of Interests”

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On May 29, 2025, the U.S. Court of Appeals for the Third Circuit held in Oldham v. Pennsylvania State Univ., No. 22-2056 (3d Cir. May 29, 2025) that Title IX may allow for claims by non-students and non-employees. In the...more

Clark Hill PLC

In the Zone: Third Circuit Clarifies Reach of Title IX

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On May 29, 2025, in Oldham v. Pa. State University, the Third Circuit Court of Appeals held that the “zone of interest” test applies to Title IX claims. See No. 22-2056, 2025 WL 1524452 (3d Cir. 2025). The plaintiff, Jennifer...more

Tucker Arensberg, P.C.

Court Limits Title IX / Civil Rights Claims Against Participating Districts in Technology Centers

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B.W. v. Career Technology Center of Lackawanna County, 2024 W.L. 4300718 (M.D. Pa. 2024). On various claims arising from alleged abuse of former students, Federal District Court denies summary judgment for career technology...more

Bradley Arant Boult Cummings LLP

11th Circuit Speaks: No Implied Right of Action for Employees Under Title IX for Sex Discrimination

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The 11th Circuit has spoken on a topic with divergent views among the circuits – finding that Title IX does not provide an implied right of action for sex discrimination. In so doing, it affirmed summary judgment for the...more

Carlton Fields

Eleventh Circuit Narrows Scope of Employee Title IX Claims

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Last week, the U.S. Court of Appeals for the Eleventh Circuit ruled that Title IX of the Education Amendments of 1972 does not provide an implied right of action for sex discrimination in employment. This decision deepens an...more

Littler

Has #MeToo Created a New Claim of Male-Bias Discrimination?

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Often—and without much thinking—when an employer faces a claim of sexual harassment, the knee-jerk response is to discipline or terminate the man accused. It is the easiest way to go, especially if the alleged harasser is a...more

Seyfarth Shaw LLP

VII Before IX: Continuing Saga in Harassment Claim Preemption

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Seyfarth Synopsis: A recent decision by the U.S. District Court for the Eastern District of Texas, part of the Fifth Circuit Court of Appeals, reaffirmed a growing circuit split regarding whether Title VII of the Civil Rights...more

Tucker Arensberg, P.C.

Court Upholds Termination of Teacher for Sexually Harassing Co-Teacher

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Neshaminy School District v. Neshaminy Federation of Teachers, 171 A.3d 334 (Commw. Ct. 2017): The Pennsylvania Commonwealth Court held that an arbitrator decision violated public policy by reinstating a teacher after...more

Littler

Title IX and Defamation: An Emerging Challenge Facing Higher-Education Institutions

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There is currently a national focus on gender-based harassment. College campuses are no different. Even with the changes to Title IX guidance in the past months, eliminating sexual harassment and assault on campuses remains a...more

Littler

NAIS and TABS Release Their First Task Force Report on Addressing Educator Sexual Misconduct

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On August 22, 2017, the National Association of Independent Schools (NAIS) and the Association of Boarding Schools (TABS) released their first joint report on sexual misconduct in independent schools. The report can be found...more

Bond Schoeneck & King PLLC

Harvard and OCR Enter into a Resolution Agreement – More Guidance for the Rest of Us

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In the closing weeks of 2014, OCR announced its findings with respect to Harvard Law School’s Title IX compliance, as well as a resolution agreement which subjects the Law School, and the University, to monitoring for at...more

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