Case Particulars

Tribunal

Department of Education, Office for Civil Rights

Date Filed

September 26, 2025

Docket No.

N/A

Case Status

OCR Complaint Filed

Case Overview

On September 26, 2025, the Equal Protection Project (EPP) filed a Civil Rights Complaint with the U.S. Department of Education’s Office for Civil Rights (OCR) against Fordham University for sex-based discrimination in their Girl Boss Business Programs “in violation of Title IX of the Education Amendments of 1972 (“Title IX”) and its implementing regulations.”

EPP’s Complaint continues:

Fordham’s Gabelli School of Business operates undergraduate and graduate programs/clubs that, by design and promotion, are intended for women and signal that men are not welcome as full and equal participants including as to leading the programs. These programs provide valuable educational and career benefits on a sex-based discriminatory basis.

The Complaint uses Fordham University’s own websites to demonstrate the discriminatory nature of the programs.

Next, the Complaint explains why the challenged programs violate federal law:

The Undergraduate and Graduate Girl Boss programs identified above violate Title IX, by discriminating on the basis of sex.

Title IX prohibits discrimination on the basis of sex in education. The statute provides: “[n]o person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance.” 20 U.S.C. § 1681(a)….

 

Restrictions that limit eligibility for programs based on sex are underinclusive, as they arbitrarily exclude students who would otherwise qualify. While sex-based classifications are subject to “heightened” scrutiny, Sessions v. Morales-Santana, 582 U.S. 47, 57 (2017); United States v. Virginia, 518 U.S. 515, 532–34 (1996), this standard—though less exacting than the strict scrutiny applied to race-based classifications—still requires an “exceedingly persuasive justification.” Virginia, 518 U.S. at 531….

 

Fordham’s Girl Boss programs fall squarely within these prohibited practices, as they condition eligibility and participation on sex and distribute educational and career benefits on a discriminatory basis. OCR therefore has both the authority and obligation to enforce federal nondiscrimination law, particularly in light of this updated guidance.

Finally, the Complaint then requests that OCR take action:

OCR therefore has both the power and the obligation to investigate Fordham’s role in creating, funding, and administering the Girl Boss programs, and to determine whether similar practices exist elsewhere at the university. Where violations are found, OCR may impose fines, suspend or terminate federal financial assistance, or refer the matter to the Department of Justice for judicial enforcement. As the Supreme Court has made clear, “[t]he way to stop discrimination … is to stop discriminating.” Parents Involved in Cmty. Sch., 551 U.S. at 748.

 

Accordingly, we respectfully ask that the Department of Education’s Office for Civil Rights promptly open a formal investigation, impose such remedial relief as the law permits for the benefit of those who have been illegally excluded from Fordham’s various programs based on discriminatory criteria, and ensure that all ongoing and future programming at Fordham comports with federal civil rights laws.

OCR is evaluating EPP’s Complaint for further action.