A high court ruling in the universities' favor would maintain the status quo in the three circuits that currently bar employment discrimination claims under Title IX. But it would also open the possibility of increases in the amount of Title VII sex discrimination claims in the eight circuits that currently allow employment claims under Title IX, attorneys say.

"To the extent a future Supreme Court decision might close the door to a claim under Title IX, my sense in handling workplace-related litigation over the past 44 years is that innovative plaintiffs lawyers and government enforcement litigators will find a way to 'fill the void' and find alternative causes of action to prosecute claims for their clients," said Gerald Maatman, a management-side partner at Duane Morris LLP. "An increase in federal and state law employment discrimination claims under Title VII and state law analogs may well be the result."