Malcolm Rivera
Title IX is a federal civil rights law in the United States that was enacted as part of the Education Amendments of 1972. It prohibits sex-based discrimination in schools and educational programs that receive federal funding. While Title IX is not explicitly mentioned in the US Constitution, it was modeled after Title VI of the Civil Rights Act of 1964, which was enacted pursuant to Congress's authority under the Spending Clause and Section 5 of the Fourteenth Amendment. The Supreme Court has affirmed that victims of sex discrimination can bring claims under both Title IX and the Constitution, as the protections under Title IX are broader in some respects and narrower in others compared to those guaranteed under the Constitution.
| Characteristics | Values |
|---|---|
| Year of introduction | 1971 |
| Year of enactment | 1972 |
| Introduced by | Senator Birch Bayh |
| Focus | Education programs or activities |
| Purpose | To ensure that public funds are not used in a way that encourages or results in prohibited discrimination |
| Prohibited discrimination types | Disparate treatment, disparate impact, and retaliation |
| Coordinator | Each institution or organization that receives federal funding must designate at least one employee as Title IX coordinator |
| Coordinator's responsibility | To oversee that Title IX is not being violated and to answer all questions pertaining to Title IX |
| Coordinator's contact information | Everyone must have access to the Title IX coordinator's name, address, and telephone number |
| Compliance | Programs of both males and females must display no discrimination |
| Compliance areas | Opportunities for athletic participation, scholarships, and how athletes are treated |
| Compliance applicability | Applies to institutions that receive federal funding |
| Compliance applicability examples | Universities with medical centers, universities with biology departments that receive grants, universities with medical, dental, or nursing programs |
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What You'll Learn
Title IX and the Equal Protection Clause
> "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 Equal Protection Clause of the Fourteenth Amendment states that no state can "deny to any person within its jurisdiction the equal protection of the laws." This clause has been interpreted over time to address various aspects of public life, including education.
In a landmark ruling, the Supreme Court held that a plaintiff who brings a sex discrimination claim under Title IX also has the right to bring claims under the Equal Protection Clause of the Constitution. This ruling affirmed that victims of sex discrimination can seek redress under both Title IX and the Equal Protection Clause, as the two statutes offer different protections.
For example, in the case of Fitzgerald v. School District, the parents of a kindergartener sued their daughter's school district for failing to adequately respond to the sexual harassment she experienced on the school bus. The Supreme Court reversed the lower courts' decisions, allowing the plaintiffs to pursue claims under both Title IX and the Equal Protection Clause.
In another case, Adams v. The School Board of St. Johns County, Florida, the United States Court of Appeals affirmed that discrimination on the basis of gender identity is prohibited under both Title IX and the Equal Protection Clause. This ruling protected transgender students' rights and ensured their access to federal funding.
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Title IX and Section 1983
Section 1983 is a critical statute that was enacted soon after the Civil War to enforce the 14th Amendment's guarantee of equal protection under the law. It has been used to fight unconstitutional discrimination, including race discrimination in education, and to uphold other constitutional rights, such as freedom of expression and freedom from unlawful searches and seizures.
In the case of Jacqueline Fitzgerald, a kindergartener who experienced sexual harassment on the school bus, the Supreme Court ruled that victims of sex discrimination should not be barred from pursuing claims under both Title IX and Section 1983. The court found that the two statutes are distinct, and there are situations where one may apply but not the other. This decision affirmed the importance of Section 1983 in protecting constitutional rights and ensuring that victims of discrimination have access to a full range of civil rights remedies.
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Title IX and the 14th Amendment
The Fourteenth Amendment, passed in 1868, guarantees equal protection under the law. Section 1983 of the amendment was enacted to enforce this guarantee and has been used to fight unconstitutional discrimination, including race discrimination in education.
In 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 Fourteenth Amendment. This ruling affirmed that victims of sex discrimination can pursue claims under both Title IX and the Fourteenth Amendment.
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Title IX and the Civil Rights Act
In addition to Title IX, victims of sex discrimination can also seek protection under the 14th Amendment and its implementing statute, Section 1983. The Supreme Court has affirmed that individuals can pursue claims under both Title IX and Section 1983, as they serve different purposes and provide distinct protections. This ensures that victims have access to a comprehensive range of civil rights remedies to fight discrimination.
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Title IX and employment discrimination
The regulations under Title IX require every recipient to which it applies to establish grievance procedures for prompt and equitable resolution of student and employee complaints alleging any prohibited actions. These procedures are essential for ensuring compliance with Title IX in a non-contentious manner. Employees who believe they have been subjected to Title IX discrimination or harassment should report the incident to their supervisor or an administrator with authority. They may also directly report to the Office of Equal Opportunity Services, Title IX, or civil rights entities such as the Equal Employment Opportunity Commission.
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Frequently asked questions
Title IX is a federal civil rights law in the United States 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 modelled after Title VI of the Civil Rights Act of 1964, which was enacted pursuant to Congress's dual authority under the Spending Clause and Section 5 of the Fourteenth Amendment. Therefore, both Title VI and Title IX trace their roots to common constitutional sources.
Yes, victims of sex discrimination can file a claim under Title IX. They can also bring claims under the Equal Protection Clause of the US Constitution and Section 1983, which was enacted to enforce the Fourteenth Amendment's guarantee of equal protection under the law.
Title IX prohibits sexual harassment and sexual assault in educational programs or activities that receive federal financial assistance. It also applies to opportunities for athletic participation, scholarships, and how athletes are treated (e.g., equitable locker room facilities).
