The Supreme Court’s October 2026 Term will feature a case that could reshape sex-discrimination litigation on every federally funded college campus in the country. In Crowther v. Board of Regents of the University System of Georgia, the Court will decide whether Title IX of the Education Amendments of 1972 gives employees at covered institutions—not just students—an implied private right of action to sue for sex discrimination. The Court granted certiorari on May 18, 2026, and will hear argument on November 30, 2026.
The decision in that case will resolve a longstanding circuit conflict, clarify the boundary between Title IX and Title VII, and likely signal how far this Court will stretch to imply private remedies under Spending Clause legislation. For higher-education counsel, plaintiffs’ employment lawyers, and civil-rights litigators, the ruling could drive strategy for years. This article, published in The Legal Intelligencer by Sarah Doyle and David Freedman, examines the legal questions before the Court and the potential implications of its decision for Title IX employment claims. Read the full article here.
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Reprinted with permission from the September 30, 2026 edition of the THE LEGAL INTELLIGENCER © 2026 ALM Global Properties, LLC. All rights reserved. Further duplication without permission is prohibited, contact 877-256-2472 or asset-and-logo-licensing@alm.com. # TLI-10142026-74077
