Title IX of the Education Amendments of 1972

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In Joseph v. Board of Regents of the University System of Georgia, 2024 WL 4705544 (11th Cir. Nov. 7, 2024), the U.S. Court of Appeals for the Eleventh Circuit held that Title IX of the Education Amendments of 1972 does not create an implied right of action for sex discrimination in employment. From the decision:…

Read More Title IX Does Not Create an Implied Right of Action for Sex-Based Employment Discrimination, Eleventh Circuit Holds
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In a recent decision, Cummings v. Premier Rehab Keller, P.L.L.C., 142 S.Ct. 1562 (U.S. April 28, 2022), the U.S. Supreme Court held that emotional distress damages are not recoverable under the Rehabilitation Act of 1973 or the Patient Protection and Affordable Care Act (ACA), which Congress enacted under the Constitution’s “Spending Clause” (U.S. Constitution, Article…

Read More SCOTUS: Emotional Distress Damages Unavailable Under “Spending Clause” Antidiscrimination Laws
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In Doe v. Shippensburg University of Pennsylvania, 1:20-CV-01416, 2022 WL 676970 (M.D.Pa. March 7, 2022), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s quid pro quo sexual harassment claim asserted under Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681. In sum, plaintiff Doe was a graduate student at,…

Read More Quid Pro Quo Sexual Harassment Claim Survives Summary Judgment Against Shippensburg University of Pennsylvania
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In Sutton v. Stony Brook University et al, 18-cv-7434, 2021 WL 3667013 (E.D.N.Y. Aug. 18, 2021), the court, inter alia, dismissed plaintiff’s claims of sexual harassment under Title IX of the Educational Amendments of 1972, 20 U.S.C. § 1681, et seq.[1]Plaintiff also alleged violations of the First and Fourteenth Amendments to the U.S. Constitution pursuant…

Read More Title IX Sexual Harassment Complaint Dismissed Against Stony Brook University
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In Miranda v. South Country Central School District, Joseph Giani, et al, 2020 WL 2563091 (EDNY May 21, 2020), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s claims of gender discrimination asserted under Title VII of the Civil Rights Act of 1964, Title IX of the Education Amendments of 1972, and the New…

Read More “Topless Selfie” Teacher’s Gender Discrimination Claims Continue Against School District
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In Gayle v. Children’s Aid College Prep Charter School et al, 18-cv-9874, 2019 WL 3759097 (SDNY July 29, 2019), the court dismissed the sexual harassment claim of plaintiff – an employee of a federally-funded educational institution – brought under Title IX of the Education Amendments of 1972, finding that Title VII of the Civil Rights…

Read More Instructor at Federally-Funded School Had Exclusive Remedy for Sexual Harassment Under Title VII, Not Title IX, Court Rules
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In Doe v. Colgate University, 2019 WL 190515 (2d Cir. Jan. 15, 2019) (Summary Order), the court affirmed the dismissal of plaintiff’s Title IX claim. The court summarized the law: Under Title IX …, “[n]o person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of,…

Read More 2d Circuit Affirms Dismissal of Title IX Claim Against Colgate University
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In Roskin-Frazee v. Columbia University, 17-CV-2032, 2018 WL 6523721 (S.D.N.Y. Nov. 26, 2018), the court dismissed plaintiff’s claim under Title IX of the United States Education Amendments of 1972, 20 U.S.C. § 1681(a) (and state causes of action) against Columbia University. In this case, plaintiff alleged “that Defendant created a culture of sexual hostility on…

Read More Student-on-Student Sexual Harassment Title IX Claim Dismissed Against Columbia
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On Nov. 16, 2018, the U.S. Department of Education issued proposed regulations to supplement Title IX of the Education Amendments of 1972, a statute that is codified at 20 U.S.C. § 1681 et seq. Title IX, in a nutshell, is a federal law prohibiting discrimination on the basis of sex in any federally funded education program…

Read More Proposed Title IX Regulations
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In Novio v. The New York Academy of Art et al, 2017 WL 6398746 (S.D.N.Y. Dec. 13, 2017), the court granted in part and denied in part defendants’ motions to dismiss plaintiff’s claims for sex discrimination, sexual harassment, hostile educational environment, unlawful retaliation, and breach of contract. She asserted her discrimination and retaliation claims under…

Read More Student’s Sexual Harassment, Retaliation Claims Survive Against School
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