Re: what constituted discrimination? -Reply -Reply

PEGGY WEEKS (peggy_w@nde4.nde.state.ne.us)
Mon, 09 Mar 1998 11:33:15 -0600

Strengths of Title IX involve its institution-wide coverage for ed
institutions receiving fed dollars as well as the feature that the injured
party does not have to file a Title IX complaint. The injured party, under
Title IX, does not have to notify the ed institution, but can file directly w/
OCR or court. Title VII, as part of the Civil Right Act, is more limited in
scope. It is under Title VII that the concept of sexual harassment as sex
discrimination was adopted by the judiciary. With the most recent US
Supreme Court decision (and the ones that will also be announced this
term), the case law under Title VII is quite interesting. The regs
governing Title VII are quite prescriptive as to how an injured party must
proceed to file a Title VII complaint. Injured parties must exhaust local
remedies, the EEOC investigates (or the state version of the EEOC if
there is a deferral agreement in effect). This can either be a strength or
weakness. It all depends. Enuf for now. Take care out there! :-)

PEGGY WEEKS <peggy_w@nde4.nde.state.ne.us>
___________________________________________________________________________

>>> Linda Purrington <lpurring@earthlink.net> 03/05/98 09:59pm >>>

Thanks! And perhaps you would be willing to clarify some of the
differences in strength of Title IX and Title VII? I think this is an important
concept for people to understand. Our hometown paper is still referring
to Title IX as a sports law. Linda Purrington
<lpurring@earthlink.net>

_________________________________________________________________

PEGGY WEEKS wrote:
> > Am enjoying the open discussion about Title IX, Title VII and the 14th
> Amendment. Just want to clarify a legal citation: Title IX is cited as Title
IX
> of the 1972 Education Amendments to the Higher Education Act. Title
IX
> is NOT part of the Civil Rights Act of 1964. Title VII is part of the Civil
> Rights Act of 1964. Title IX deals with education and ed agencies
> receiving fed dollars. Title VII deals with a broader definition of
> discrimination (more protected classes covered) and deals with
> employment discrimination involving employers w/ 15 or more
employees.
> I stress this because there is a great deal of confusion "out there"
about
> these statutes. To cite the wrong one can be disasterous. :-)
> > PEGGY WEEKS <peggy_w@nde4.nde.state.ne.us>

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