Re: what constituted discrimination? -Reply

kgalles@erols.com
Tue, 10 Mar 1998 23:22:35 -0500


It is NOT that Title VII is stronger. In fact, MORE remedies are
available under Title IX than under Title VII, because Title IX is NOT
subject to the monetary damages caps of Title VII. Also, people filing
under Title VII must first go through the EEOC (or their state EEO),
while Title IX filers do not have to go through the OCR or EEOC first.
If the courts in your circuit will allow Title IX employment claims,
they are better than Title VII claims because of this. The best
strategy is to file under both, knowing that the court will throw out
one of them, hoping that it will be the Title VII claim, rather than the
Title IX claim.

<kgalles@erols.com>
___________________________________________________________________________

Linda Purrington wrote:
>
> And Title IX also forbids gender discrimination against employees of an
> educational institution; as a workplace law, however, Title VII is
> stronger, so more generally used. Linda Purrington, Title IX Advocates
> <lpurring@earthlink.net>
>
> ___________________________________________________
>
> kgalles@erols.com wrote:
> >
> > Title IX applies to ALL gender discrimination in an educational program
> > or activity. Sports have just gotten the most press. Title VII
> > protects employees like teachers and coaches -- although it didn't
> > before the Title IX amendments also amended Title VII to take out the
> > exclusion of educational employees. <kgalles@erols.com>
> >
> > ________________________________________________________
> >
> > Linda Purrington wrote:
> > >
> > > 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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