Michael T. Raupp
April 20, 2017
A federal court of appeals’ recent decision to extend Title VII’s protection to sexual-orientation employment discrimination undoubtedly changes the legal landscape in which employers, including institutions of higher education, operate within the Seventh Circuit (Illinois, Indiana and Wisconsin). Given the tendency of courts to look to interpretations of Title VII when making legal rulings under Title IX, this new decision also opens the question of whether courts will begin interpreting Title IX to also prohibit sexual-orientation discrimination.
For example, several federal courts have rejected claims by students alleging that they were subjected to harassment by other students in the form of epithets about their sexual orientation and that the educational institutions failed to adequately respond. Courts, by and large, rejected these claims outright, finding that Title IX does not protect against sexual-orientation discrimination.
Read full story on Inside Higher Ed.