Who can sue? Who can stay here? Who can decide? Supreme Court term will tell

The Supreme Court term that began on the first day of October may appear mired in administrative minutiae, but lurking in procedural arguments are some of the most fundamental aspects of the legal landscape. The Court this term will determine who can seek to vindicate rights under Title IX, who can be deported and to where and under what circumstances, and perhaps most significantly, who decides—that is, under the Constitution, what can administrative law judges (ALJs) decide? 

Who can sue under Title IX? 

Of the cases currently before the Supreme Court, a Title IX case, Crowther v. Board of Regents of the University System of Georgia, most directly affects workplace law. The recent horrific events at Cornell have shone an unflattering light on how the goals of Title IX are often difficult to realize. Crowther may expand opportunities for certain individuals to pursue claims under this statute. 

Crowther will answer the question of whether employees of federally funded educational institutions can sue for sex discrimination under Title IX in addition to Title VII. If so, employees won’t have to exhaust administrative remedies (Title VII requires the filing of an administrative charge with the EEOC within a specific time period, while Title IX doesn’t), and Title IX has no cap on compensatory damages. There’s now a split among the circuit courts. 

What can an ALJ decide?