Whether Title IX provides employees of federally funded educational institutions a private right of action to sue for sex discrimination in employment

Title IX of the Education Amendments of 1972 prohibits federally funded educational institutions from discriminating “on the basis of sex.” In Cannon v. University of Chicago , 441 U.S. 677 (1979), this Court held that Title IX is privately enforceable by “victims of discrimination” through an implied right of action. And in Jackson v. Birmingham Board of Education , 544 U.S. 167 (2005), this Court held that employees of federally funded educational institutions may invoke Title IX’s implied private right of action to bring claims for retaliation. Following Jackson , and until the decision below, “every . . . circuit[] that has considered whether a teacher may sue under Title IX” for sex discrimination in their employment “has found they may.” Pet App. 124a (Rosenbaum, J., dissenting from denial of re-hearing en banc ). Splitting with eight courts of appeals, the Eleventh Circuit held in the decision below that Title IX “do[es] not embrace a private right of action for employees.” Pet. A pp. 21a. In so holding, the Eleventh Circuit joined preJackson decisions from the Fifth and Seventh Circuits in an 8-3 split. The question presented is: Whether Title IX provides employees of federally funded educational institutions a private right of action to sue for sex discrimination in employment.