Eleventh Circuit Rules No Private Right of Action in Title IX Sex Discrimination Case (Circuit Split)

On December 3rd, 2024, the United States Court of Appeals for the Eleventh Circuit ruled against an employee in the case of Terrell v. Alabama State University. Notably, the Eleventh Circuit is the court that covers all of Florida. The decision—which was based on the court’s finding that there is no private right of action for sex discrimination cases under Title IX of the Civil Rights Act—deepens a major circuit split. In this article, you will find a more comprehensive overview of the appellate court case.

 Case Review: Terrell v. Alabama State University 

The Facts 

A woman named Sha’ola Terrell served as a Senior Associate Athletic Director at Alabama State University from 2018 to 2021. During that time, she was also designated as the Senior Woman Administrator for the university. Ms. Terrell alleged that despite budget allocations, she was not  properly compensated for her additional role. In August 2021, Terrell reportedly requested the allocated funds from Athletic Director Dr. Jason Cable. Subsequently, ASU restructured its athletic department. Mr. Terrell was not re-appointed to the position.

 The Legal Issue 

Following her non-reappointment, Ms. Terrell filed a lawsuit against Alabama State University. She alleged sex discrimination under Title IX of the Civil Rights Act and the Equal Pay Act. The central legal question before the court:

• Does Title IX of the Civil Rights Act provide a private right of action for employment discrimination? 

A private right of action allows an individual (or another private party) to file a lawsuit to enforce a legal right or address a violation of law. It is distinct from actions initiated by the government or public agencies and is either granted explicitly by statute or inferred by courts. When recognized, it allows a person to file a lawsuit for a violation of the law in question.

 The Decision 

On December 3rd, 2024, the Eleventh Circuit Court of Appeals held that Title IX does not provide an implied private right of action for sex discrimination in employment. The court affirmed summary judgment for Alabama State University. In effect, the appellate court remanded the case to a lower court to resolve the Equal Pay Act dispute. It found no right for Ms. Terrell to sue under Title IX.

 The Implications 

Notably, there is now a major circuit split on this issue. Indeed, the decision deepens a circuit split regarding the applicability of Title IX to employment discrimination claims. The Eleventh Circuit joins the Fifth and Seventh Circuits in holding that Title IX does not provide an implied private right of action for sex-based employment discrimination. In contrast, the First, Third, Fourth, Sixth, and Ninth Circuits have recognized such claims under Title IX. Given the scope of the circuit split, it is very likely the Supreme Court of the United States will take up this issue at some point in the near future.

Get Help From Our Florida Employment Lawyer Today 

Employment law is complicated. If you have any specific questions or concerns about an employment matter—including a sex-based discrimination case—do not hesitate to contact an experienced Florida employment lawyer for a confidential initial consultation.