Title IX vs. Title VII discrimination in employment

Mon, 09 Mar 1998 20:19:16 -0500

The circuits are split on whether employment claims can be brought under
Title IX due to gender discrimation against the employee. They CAN be
brought by employees who are discriminated against for the gender of the
students they work with (which often occurs among coaches of girls'
or women's sports teams).

The US Supreme Court in North Haven Bd. of Education seemed to approve
of Title IX employment cases. However, some courts don't like the idea
that everyone else has to go through Title VII's administrative
procedures, while school employees do not....so they say that Congress
could not possibly have meant to do that. Thus, the split in the courts
falls along lines of (1) those who pick up on the North Haven language
vs. (2) those who think that all employees should have to go through
administrative procedures before bringing a federal employment
discrimination action. If anyone wants specific case cites, let me know
by e-mailing me directly. Kristen Galles, Equity Legal;


> Actually, in Region VII, the Office for Civil Rights has informed me that
> employment complaints under Title IX are usually "turned into" Title VII
> claims by an interagency agreement w/ EEOC. I find this problemmatic on
> two fronts: first, not all of our public school districts here have 15 or
> more employees, and, second, Title VII caps awards for sexual
> harassment while Title IX does not. When I asked OCR here about these
> points, I got a "nonresponse" response. Region VII OCR did noter that
> they only turn over complaints if they are purely employemnt-related.
> PEGGY WEEKS <peggy_w@nde4.nde.state.ne.us>

new message to this message