Why education employers should pay attention to the Crowther case

Typically, employees can sue their employers for sex discrimination or retaliation under Title VII of the Civil Rights Act of 1964. But now, a case before the U.S. Supreme Court could provide employees of federally funded educational institutions with another avenue for filing such claims.

In Crowther & Joseph v. Board of Regents of the University System of Georgia, the Supreme Court will decide whether Title IX provides employees of federally funded educational institutions the ability to sue for sex discrimination or retaliation claims against their employers.

Title VII vs. Title IX: What’s the difference?

Although both Title VII and Title IX prohibit sex-based discrimination, these statutes differ significantly in their procedural requirements and available remedies.

Title VII prohibits employment-based sex discrimination. Before filing a lawsuit under Title VII, an employee generally must file a discrimination charge with the Equal Employment Opportunity Commission (EEOC). The charge must be filed within 180 days of the alleged unlawful employment practice, although the deadline may extend to 300 days. Also, Title VII places statutory caps on the amount an employee can recover if they successfully litigate their case based on the employer’s size, ranging from $50,000 to $300,000.