U.S. Supreme Court Grants HSG’s Petition for Certiorari in Case on Scope of Title IX

New York – Today, the U.S. Supreme Court granted certiorari in Crowther and Joseph v. Board of Regents of the University System of Georgia and Georgia Tech Athletic Association, on the question whether Title IX provides employees of federally funded educational institutions a private right of action to sue for sex discrimination in employment.  The case arises from consolidated appeals brought by Thomas Crowther, a former Augusta University art professor, and MaChelle Joseph, the former head coach of Georgia Tech’s women’s basketball team. 

The grant sets up review of an Eleventh Circuit decision holding that Title IX “do[es] not embrace a private right of action for employees,” in contrast to numerous other courts of appeals that have allowed employees to pursue Title IX claims for sex discrimination in educational employment.  The United States urged the Court to grant certiorari, explaining that the conflict is entrenched, has deepened over decades, and will not resolve absent Supreme Court intervention.  

HSG partners Gregory Dubinsky and Jack Millman, and associates Brian Goldman, Jessica Marder-Spiro, and Torrell Mills represent both petitioners.  Mr. Crowther is also represented by Andrew T. Miltenberg and Adrienne Levy of Nesenoff & Miltenberg LLP, and Ms. Joseph is also represented by Lisa J. Banks, Carolyn Wheeler, and Colleen E. Coveney of Katz Banks Kumin LLP.