Re: Section 1983, Title IX

Sharon Hushka (
Tue, 26 Jan 1999 16:46:25 -0800

I'm not sure what you mean by "Section 1983", but with regards to the Title
IX, Education Amendments of 1972, it is "designed to eliminate (with certain
exceptions) discrimination on the basis of sex in any education program or
activity receiving Federal financial assistance, whether or not such program or
activity is offered or sponsored by an educational institution."

Which means, if the private institution does not receive any federal funds,
then it is exempted from abiding by the Title IX. However, if the private
schools receive any funds (or are housed in a public school facility, has
students receiving federal financial assistance, or contracts with the
federal government, i.e. subsidized lunches) then the school could be held

Another factor to keep in mind are the laws governing non-discrimination. One
place to start is with the laws cited by the Equal Employment Opportunity
U.S. Equal Employment Opportunity Commission:
An Overview: Mission

The mission of the EEOC, as set forth in its strategic plan, is to promote
equal opportunity in employment through administrative and judicial
enforcement of the federal civil rights laws and through education and
technical assistance.

Statutory Authority
The U.S. Equal Employment Opportunity Commission (EEOC) was established by
Title VII of the Civil Rights Act of 1964 and began operating on July 2,
1965. The EEOC enforces the principal federal statutes prohibiting
employment discrimination, including:

   Title VII of the Civil Rights Act of 1964, as amended, which prohibits
employment discrimination on the basis of race, color, religion, sex, or
national origin;
     the Age Discrimination in Employment Act of 1967, as amended (ADEA),
which prohibits employment discrimination against individuals 40 years of
age and older;
     the Equal Pay Act of 1963 (EPA), which prohibits discrimination on the
basis of gender in compensation for substantially similar work under similar
     the Title I of the Americans with Disabilities Act of 1990 (ADA), which
prohibits employment discrimination on the basis of disability in both the
public and private sector, excluding the federal government;
     the Civil Rights Act of 1991, which includes provisions for monetary
damages in cases of intentional discrimination and clarifies provisions
regarding disparate impact actions; and,
    Section 501 of the Rehabilitation Act of 1973, as amended, which
prohibits employment discrimination against federal employees with

On another note, because some of the actions of private schools are not
obliged to non-discriminate, many people are opposed to allowing government
funds (vouchers) be given to private schools.

Sharyn Hushka

Linda Purrington wrote:

> I have a question: does Section 1983 protect Title IX rights of children
> in private schools? Are private school administrators and teachers
> immune or liable for their actions?

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