In this case, we quite desperately need to hold on to the disparate
impact applications of Title IX (sex discrimination), and hope that we
can soon persuade Congress to reapply that no-invalidated case law to
Title VI (race discrimination). As it stands, the Alexander v. Sandoval
decision says that people of color must prove that the discrimination
was intentional--something that a student challenging any level of the
huge and powerful educational system may find hard to do. What we need
is NOT to demand that Alexander v. Sandoval be applied to Title IX, but
that it be struck down by Congress.
Linda Purrington
Title IX Advocates
lpurring@earthlink.net
Peggy Weeks wrote:
I do absolutely agree that disparate impact theory should be evenly applied
across civil rights statutes and for all protected classes. I see that the
Supreme Court has moved its interpretation of Title IX much closer to Title
VI. I hope that it will then use the same disparate impact theory from
Title VI race discrimination in Title IX cases for sex discrimination
cases. One can always dream for logical consistency...
Peggy Weeks
<mdweeks@earthlink.net>
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