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Publication Date

5-7-2026

Document Type

Casenote

Abstract

“No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance.” In just thirty-seven words, Title IX of the Education Amendments of 1972 ushered in a transformative era of protections for gender equality in higher education. Yet, courts remain split on the overall scope of those protections.

In Joseph v. Board of Regents of the University System of Georgia (“Joseph II”), the United States Court of Appeals for the Eleventh Circuit became the latest circuit court to delineate the boundaries of Title IX. By denying an en banc rehearing, the court left standing a panel decision that rejected private rights of action for employees alleging sex-based discrimination under Title IX. In doing so, the Eleventh Circuit not only narrowed the reach of Title IX but also deepened an existing circuit split. This Casenote reviews Joseph II, the evolution of the circuit split, and resulting implications for Title IX jurisprudence.

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