Jonathan Israel Addresses Title IX Supreme Court Case and Implications for College Employee Protections
Foley & Lardner LLP partner Jonathan Israel is featured in the Higher Ed Dive article, “Inside the Supreme Court case that could decide Title IX employee protections,” previewing the Supreme Court’s forthcoming consideration of Crowther v. Board of Regents of the University System of Georgia.
Israel highlighted key legal distinctions in the Supreme Court’s precedent, noting that the prior decision in Jackson v. Birmingham Board of Education found an implied right to sue, which “makes it a little more distinguishable” from the Crowther case.
Looking beyond the immediate matter, he noted that the Court’s decision could also have implications for college athletes, explaining, “If the student-athletes are treated as employees, and Crowther decides that Title VII is the exclusive remedy for employees, then they’re in that Title VII world—not Title IX.”
Israel further noted that Title VII could make certain disparate treatment claims between athletes in different sports more difficult to pursue. “If you put it in a different context, a line worker versus an executive, they wouldn’t have the same compensation,” Israel explained.
