Seyfarth Synopsis: A recent
decision by the U.S. District Court for the Eastern District of
Texas, part of the Fifth Circuit Court of Appeals, reaffirmed a
growing circuit split regarding whether Title VII of the Civil
Rights Act of 1964 preempts concurrent claims raised under Title IX
of the Education Amendments Act of 1972. In Sara Slabisak v.
Univ. of Tex. Health Sci. Ctr. at Tyler & Good Shepherd Med.
Ctr., No. 4:17-cv-597, 2018 U.S. Dist. LEXIS 30884 (E.D. Tex., Feb.
27, 2018), Judge Amos Mazzant dismissed a former medical
resident's Title IX claims of sexual harassment and retaliation
against the University of Texas Health Science Center at Tyler on
the grounds that Title VII is the exclusive remedy for claims of
employment discrimination on the basis of sex in a federally funded
educational institutions. While consistent with precedent in
the Fifth and Seventh Circuits, the decision stands at odds with
prior decisions in the First, Third and Fourth Circuits
