Last week the U.S. Supreme Court announced it will review former Georgia Tech women’s basketball coach MaChelle Joseph’s Title IX lawsuit against the school for sex discrimination in employment.
The case could open the door to more employment-based Title IX claims brought by coaches, trainers and other athletic department employees at a time when college sports law is in flux, with numerous lawsuits involving college athletes, NIL, antitrust and eligibility.
Title IX prohibits discrimination based on sex in education programs that receive federal financial assistance. It can be enforced through private litigation or by federal agencies.
In college sports, Title IX is often raised by athletes who contend they or their team are denied equal treatment based on sex, such as when a team is cut or when there are gross disparities in facilities or equipment. Title IX also surfaces in response to how colleges investigate and process alleged misconduct, sexual harassment and other topics.
As detailed in a Supreme Court brief by Gregory J. Dubinsky and other attorneys and in related court documents, Joseph argues that a coach can use Title IX in employment litigation when the coach’s employment—and her ability to do her job—was allegedly harmed by inferior treatment of her team.
