Littler – Insights/News

Title IX Preempts Public University Labor Contract Grievance Procedure, According to New Jersey Supreme Court

The New Jersey Supreme Court held that Title IX preempts the grievance and arbitration provisions in Rutgers University’s labor contract with AFSCME Local 888, overturning a lower‑court order to arbitrate a termination dispute. The court found the contract’s arbitration process denied the Title IX complainant equal procedural rights, violating federal regulations. It allowed the parties to renegotiate a compliant grievance mechanism but did not compel them to do so. The ruling signals that any collective‑bargaining agreement that limits a complainant’s appeal in a Title IX case is likely invalid.