Simone Lawson
Title IX is a federal civil rights law in the United States that was enacted in 1972 as part of the Education Amendments. It prohibits sex-based discrimination in any school or educational program that receives federal funding. The law applies to all aspects of education, including athletics, admissions, housing, and access to facilities. It is not a constitutional amendment, but it is an example of how the 14th Amendment's Equal Protection Clause has been interpreted over time. The 14th Amendment, ratified in 1868, has been applied by Congress and the courts to many aspects of public life, including education.
| Characteristics | Values |
|---|---|
| Year of enactment | 1972 |
| Type of law | Federal civil rights law |
| Prohibited discrimination based on | Sex, including pregnancy |
| Prohibited discrimination in | Educational programs or activities |
| Prohibited discrimination by | Institutions receiving federal funding |
| Required compliance from | Educational institutions receiving federal financial assistance |
| Protected against | Retaliation for filing a discrimination complaint |
| Required | Federal agencies providing financial assistance to issue regulations enforcing the prohibition of sex discrimination |
| Authorized | Federal agencies providing financial assistance to issue regulations to enforce the prohibition of sex discrimination |
| Required filing of document assuring compliance | Educational institutions receiving federal financial assistance |
| Required assurance of compliance with Title IX | Educational institutions receiving federal financial assistance |
| Protected against discrimination in | Athletics, admissions, housing, access to facilities |
| Protected against | Sexual harassment and assault |
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What You'll Learn
Title IX is not a constitutional amendment
The evolution of Title IX can be traced through the actions of the three branches of government. The legislative branch passed Title IX in 1972, and the executive branch issued implementing regulations in 1975, requiring schools receiving federal funding to assure compliance with Title IX. The judicial branch, in a 1984 Supreme Court decision, ruled that Title IX's non-discrimination requirements applied to any educational institution receiving federal financial assistance.
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Title IX is part of the Education Amendments of 1972
The text of Title IX states that "No 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." This is often referred to as the "non-discrimination and compliance requirements" of Title IX.
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Title IX prohibits sex-based discrimination in education
The text of Title IX states that "No 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." This means that institutions cannot exclude students from participating in educational and athletic programs based on their sex. It also prohibits sexual harassment and assault, ensuring that every person has the right to a safe and inclusive learning environment.
If an individual believes they have been subjected to sex-based discrimination or sexual harassment in an education program receiving federal funds, they can file a complaint with the Office for Civil Rights (OCR). OCR will then investigate the complaint or refer it to the appropriate agency if another agency has joint jurisdiction. Title IX specifically prohibits retaliation against individuals who file discrimination complaints.
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Title IX and the Equal Protection Clause of the 14th Amendment
> "No 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."
The 14th Amendment, ratified in 1868, includes the Equal Protection Clause, which states that no state can "deny to any person within its jurisdiction the equal protection of the laws." Over the past 150 years, Congress and the courts have applied this clause to many aspects of public life, including education.
In August 2020, the United States Court of Appeals for the Eleventh Circuit affirmed that discrimination on the basis of gender identity is prohibited under Title IX and the Equal Protection Clause of the 14th Amendment. This ruling was made in the case of Adams v. The School Board of St. Johns County, Florida, which addressed discrimination against transgender students.
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Title IX and the Civil Rights Act
The history of Title IX can be traced back to the Civil Rights Act of 1964, which aimed to end discrimination in various fields, including employment and public accommodation, based on race, colour, religion, sex, or national origin. While this Act addressed discrimination in employment, it did not mention or address discrimination in education.
In the early 1970s, Senator Birch Bayh and Representative Edith Green proposed amendments to the Higher Education Act to ban discrimination on the basis of sex. Bayh, in particular, was working on several constitutional issues related to women's employment and sex discrimination at the time. On February 28, 1972, Bayh reintroduced an amendment that had previously failed to pass, and it was successful this time.
> "No 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."
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Frequently asked questions
Title IX is a federal law that prohibits discrimination on the basis of sex in educational programs or activities that receive federal funding.
No, Title IX is not a constitutional amendment. It is a federal law that was enacted as part of the Education Amendments of 1972. It prohibits sex-based discrimination in any school or education program that receives federal funding.
Title IX was first proposed by U.S. House Representative Edith Green in 1970. It was formally introduced in Congress by Senator Birch Bayh in 1971 and passed by Congress on June 8, 1972. President Richard M. Nixon signed it into law on June 23, 1972.
If you believe you have been discriminated against under Title IX, you can file a complaint with the Office for Civil Rights (OCR). OCR will inform you if they have jurisdiction to investigate your complaint and will work with the educational institution to address any violations.
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