How are you doing? Wishing you a beautiful and blessed week ahead! Stay strong, the semester is almost over! As finals are approaching, I want you to not freight, but be determined, stay focused, and keep a motivated mind. You can perform well on your finals, and you will perform well on them! Do not doubt yourself. Know you can conquer, and know you will conquer. This week, I have a Title IX case to share with you. It’s about a Professor who brought a Title IX action against his Employer and the Employer attempting to dismiss the case saying the Professor is preempted from bringing such a claim. Read more to find out what happens!
A Professor, after being terminated from his job, filed a lawsuit against his Employer for violation of Title IX of the Education Amendments of 1972, U.S.C. §§ 1681 et seq. The reason why the Employer terminated the Professor’s employment was because a student had made sexual harassment allegations against the Professor. The Professor thought his termination was unfair because he believed the student’s allegations were biased. The Employer argued that the Professor was preempted from bringing a lawsuit under Title IX because it only protected students. The Professor counter-argued explaining he was not preempted because Title IX provides protection not just students, but for professors as well.
Title IX states in relevant part, “No person shall, on the basis of sex…be subjected to discrimination under any education program or activity receiving Federal financial assistance.” 20 U.S.C. §§ 1681(a).
The Court reasoned that, “although the Courts of Appeal are split on the question of whether Title VII preempts employment-discrimination claims under Title IX, the Third, Fourth, and Sixth circuits have decided that employees may proceed with such claims.” Furthermore, the Court reasoned that the plain language of the statute suggests that Title IX was intended to provide private recourse for more than just students. In conclusion, the Court denied the Employer’s Motion to Dismiss the Professor’s Title IX claims.
Massachusetts Lawyer’s Weekly Vo. 50, No. 6
Do You Agree with the Professor or the Employer? Why?
Based on the history of Title IV, I agree with the Professor. The original intent behind Title IV was to prevent “discrimination against race, color, religion, and national origin in educational facilities that received Federal financial assistance. During the origination of Title IV, Congress was trying to attack particular issues that plagued our country during this time such as discriminatory issues that were based on race, color, religion, and national origin in the areas of employment and public accommodations. Congress had enacted Civil Rights acts as corrective measures to try to correct these issues. However, the Civil Rights act failed to prohibit “sex discrimination” against persons “employed” at educational institutions. Congress then enacted Title VI to prohibit discrimination in federally funded private and public entities. The act included race, color, and national origin but excluded sex. Title IX was then enacted to fill this gap and prohibit discrimination in all federally funded education programs. Based on the history of Title IV, No person shall, on the basis of sex…be subjected to discrimination under any education program or activity receiving Federal financial assistance.” 20 U.S.C. §§ 1681(a). was intended to protect employees as well as students in any educational program receiving federal financial assistance . For these reasons, I agree with the Professor.
ReplyDeleteThank you for your thorough analysis! Wow!
DeleteI agree with the court's decision in denying the employer's motion, but I'm not clear on why the specific language in the provision following the word discrimination against "race, color, religion, and national origin in educational facilities" etc... is not listed in Title IX provision that was designed to fill in the discrimination prohibition gap. Since it's not listed means that it applies to all discrimination against both students and teachers because “No person shall, on the basis of sex... be subjected to discrimination.
ReplyDeleteI agree, Noel! The language of Title IX does not prohibit professors from bringing such a claim. It is inclusive of both students and professors. Thank you for your comment!
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