Re: Discrimination and Liability

Kristen Galles (
Fri, 30 Oct 1998 00:25:22 -0500

Peggy: Title VI is a spending clause statute. It precludes race
discrimination in educational programs and activities. However, most school
race cases are brought under the Constitution rather than Title VI.
Unfortunately, women only get "intermedicate scrutiny" on constitutional
issues, whereas race, religion, and ethic origin receive a heightened level of

Kristen Galles, Equity Legal

> It is very important to note that if the Supreme Court decision re Davis V.
Monroe County comes out that educational institutions are not obligated
> to assure that sex discrimionation does not occur within their school
> programs and practices, then schools are free to excuse sexual
> harassment among peer students...

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