Re: what constituted discrimination? -Reply -Reply

Linda Purrington (
Tue, 10 Mar 1998 07:10:11 -0800

The post-Franklin v. Gwinnett County pressure on the OCR to deal with
Title IX cases resulted in a caseload that the OCR then sought to
restrict and channel in their overhaul of regulations relating to
grievance procedures. The consequences have been to make the OCR more
efficient in handling cases--for example by refusing to take a case that
is simultaneously filed elsewhere, until that other procedure is
wrapped up--but also to give the OCR much more leeway in deciding
whether or not to take on an investigation, and whether to provide the
plaintiff with a letter of investigative finding. This really reduces
the power of the individual citizen again; it puts the pwower back in
the hands of the educational institutions--one of which is of course,
the OCR itself. Linda Purrington, Title IX Advocates <>


> 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! :-)
> ___________________________________________________________________________
> >>> Linda Purrington <> 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
> concept for people to understand. Our hometown paper is still referring
> to Title IX as a sports law. Linda Purrington
> <>
> _________________________________________________________________
> 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
> 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 <>

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