Photo: Diego M. Radzinschi/ALM Ninth Circuit Reinstates Student-Athlete's Retaliation Claim: Title IX Bars Sexual Harassment on Basis of 'Perceived Sexual Orientation'
"In Bostock v. Clayton County, the Supreme Court brought sexual-orientation discrimination within Title VII's embrace," said Judge Susan B. Graber, in her written opinion for the Ninth Circuit. "The court held that discrimination 'because of' sexual orientation is a form of sex discrimination under Title VII. We conclude that the same result applies to Title IX."
June 15, 2023 at 02:44 PM
8 minute read
In a Title IX case brought by a former University of Arizona college student-athlete who was subjected to "sexual and homophobic bullying," the U.S. Court of Appeals for the Ninth Circuit relied on the U.S. Supreme Court's 2020 decision in Bostock v. Clayton County in reinstating the student's retaliation claim when he allegedly asked the school to intervene.
In 2017, Michael Grabowski attended the University of Arizona on an academic and athletic scholarship. He was recruited for the university's cross country and track and field teams led by the defendant coaches, Frederick Harvey and James Li. As a first-year student-athlete, Grabowski alleged that his teammates perceived him to be gay and subjected him to frequent "sexual and homophobic bullying," according to the opinion filed June 13.
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