Hospi­tal res­i­dency pro­grams can be sued un­der Ti­tle IX if they fail to pro­tect res­i­dents from gen­der dis­crim­i­na­tion, a fed­eral ap­peals court ruled last week.

Modern Healthcare - - LATE NEWS -

In a unan­i­mous de­ci­sion, the 3rd U.S. Cir­cuit Court of Ap­peals said Ti­tle IX ap­plies to med­i­cal res­i­dents, re­vers­ing a lower court de­ci­sion that the res­i­dency pro­grams aren’t ed­u­ca­tional pro­grams through “school­ing.” In­stead, the three-judge panel said Ti­tle IX ap­plies to in­sti­tu­tions that broadly of­fer ed­u­ca­tion even if that isn’t their sole pur­pose. This case will have “re­ver­ber­at­ing ef­fects” across the health­care in­dus­try, said Robin Fretwell Wil­son, a law pro­fes­sor at the Univer­sity of Illi­nois.

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