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1 1 (December 3, 2024)

handle is hein.crs/govermb0001 and id is 1 raw text is: Appellate Courts Divided Over School Employee Discrimination Lawsuits and Title IX December 3, 2024 Federal appellate courts have split over how two federal laws that bar sex discrimination in certain settings and programs relate to one another. Title VII ofthe Civil Rights Act of 1964 (Title VII) bars (among other things) sex discrimination in the workplace. Section 901(a) of the Education Amendments of 1972 (Title IX) similarly prohibits sex discrimination in federally funded education programs. Both laws authorize individuals subjected to discrimination to bring lawsuits to enforce their provisions. Title VII clearly protects employees, including employees of educational institutions, and Title IX undoubtedly protects students in federally funded educational programs. Courts have split, however, on whether employees of federally funded educational institutions subjected to sex discrimination may bring Title IX lawsuits in addition to Title VII ones. As this Sidebar explains, given the differences between the two statutes, including when individuals may bring a lawsuit and potential damages remedies, the availability of employee Title IX lawsuits matters for federally funded schools. A recent decision from the U.S. Court of Appeals for the Eleventh Circuit (this Sidebar identifies further U.S. Court of Appeals references by circuit and number only), Joseph v. Board ofRegents of the University System of Georgia, has deepened a split among appellate courts on whether such lawsuits are available to employees of federally funded schools. This Sidebar begins by briefly describing Title VII and Title IX, as well as several Supreme Court decisions relevant to how Title IX applies in the employment context. The Sidebar continues with a discussion of how appellate courts have addressed Title IX lawsuits brought by school employees and examines the Eleventh Circuit's recent decision. It concludes with considerations for Congress. Title VII and Title IX Title VII and Title IX both prohibit sex discrimination in specific contexts. In some ways, what it means to discriminate based on sex under both laws is similar. Thus, courts interpreting the meaning of sex discrimination under Title IX often draw on Title VII cases. However, there are important differences between the two laws. One is the constitutional authority under which Congress passed them. Title VII rests on Congress's powers under the Commerce Clause and Section Five of the Fourteenth Amendment. Congressional Research Service https://crsreports.congress.gov LSB11248 CRS Legal Sidebar Prepared for Members and Committees of Congress