Martin Flumenbaum, left, and Brad S. Karp, right. Injury-in-Fact in Discrimination Cases
The Second Circuit, in a rare en banc ruling, unanimously held that plaintiffs alleging discriminatory treatment in violation of Title IX had sufficiently alleged an injury-in-fact for standing purposes. But the court diverged on a number of other standing issues. The splintered nature of the court's opinions illustrates the underlying tension between ensuring access to courts and enforcing appropriate limitations on judicial power.
January 30, 2024 at 10:19 AM
8 minute read
In Soule v. Connecticut Association of Schools, 90 F.4th 34 (2d Cir. 2023), the U.S. Court of Appeals for the Second Circuit, in a rare en banc ruling, unanimously held that plaintiffs alleging discriminatory treatment in violation of Title IX had sufficiently alleged an injury-in-fact for standing purposes. The court's unanimous finding that the denial of equal opportunity in violation of an antidiscrimination statute is a cognizable injury in fact is significant and may encourage more discriminatory treatment claims in the future.
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