In Jackson v. Birmingham Board Of Education, Coach Jackson filed a lawsuit claiming the school’s athletic program was discriminating against the team based on their sex and was being retaliated against, which falls in violation of Title IX (Jackson v. Birmingham Board of Education, 2005). After finding out funding and access to equipment were not equal, a girls’ basketball coach spoke with supervisors. The complaint was unsuccessful and he received poor work evaluations as a result and was eventually removed from the coaching position. The lawsuit was dismissed on the premise that Title IX does not include claims of retaliation. This has created confusion with court cases in regards to what constitutes as retaliation in making an accusation of discrimination. Since the development of Title IX, another civil action that has been created to protect citizens from having their rights violated is Section 1983 (42 USC 1983). Section 1983 covers claims in conjunction with Title IX. Section 1983 enforces Constitutional rights and reiterates the prohibition of discrimination based on race, color, national origin, sex and religion (42 USC
In some cases a schools decision to cut sports in order to comply with Title IX has lead to a lawsuit. An example of this would be Miami University. The university formed a committee to address the issue of Title IX compliance and hired a consultant as well. "The committee and consultant determined that in order to comply with Title IX, the university had the option of eliminating a few sports for men. As a result, the university eliminated the men's soccer, wrestling and tennis teams, effective at the end of the 1999 spring semester (Challenge 2002)." On November 18, 1999, the plaintiffs filed a complaint against the defendants, claming that the defendants' elimination of the men's wrestling, tennis and soccer programs at Miami University, a state university of the State of Ohio and a recipient of federal funds, constituted gender discrimination in violation of the 20 U.S.C.& et seq. And violated their rights to equal protection under the Fourteenth Amendment (United 2002). The court found that the plaintiffs failed
The criminal just system should view all people no matter what their race, gender, or social class is. In a world where Lesbians, gays, bisexuals, and transgender people are being slandered, it is hard for them to get jobs because of their sexual preferences or how they identify. Gays and lesbians who choose to come out around “straight” people they work with will probably face at least some (if not much) discrimination. During work, “discrimination based on sexual orientation must not be tolerated in any form in modern law enforcement. Instead of prejudice and intolerance, police departments and chief executives should embrace a “Do Ask, Do Tell” attitude toward gays and lesbians (Winchell, 2008)”. They will go out of their way to cause harm either (physically/ mentally), professional humiliation, and the refusal of some heterosexual officers to work in close proximity with the LGBT officers. Instead of discriminating on others, officers should begin to judge based on the quality of their work and strength of character.
In 2015 at a private school in a rural town, a potential salutatorian was stripped of her honors because she was currently seven months pregnant. She was told she would not be allowed to walk during graduation the following May. The private school accepted tuition paid by the student’s parents. Title IX could not protect this young mother when she faced months of discrimination. She was not allowed on campus during or after school hours. She was not allowed to attend any school functions for other students would think her actions were acceptable. She continued her studies at home when friends and family would bring her homework and classwork. Tests were taken at six o’clock in the morning so she could not interact with the student body. Although
Kim alleges that Nadal College (NC) discriminated against her by promoting her newer, less experienced colleague (Pete) to a position working with male athletes in a living-learning community instead of her. Title VII could potentially classify this as disparate treatment, meaning NC treated her differently than Pete because she is a woman. However, in this case, NC could easily claim being male was a bona fide occupational qualification (BFOQ) because the job involved living and working with male students. In these cases, the law does not consider it discriminatory behavior to hire an employee of a specific sex because being male or female is essential to the job. With this exception in mind, Kim’s lawyer would likely not pursue the employment discrimination argument as it
As a marketing manager you have recently turned down Nancy Conrad for a position as sales supervisor. Nancy believes the denial was due to her gender and she has filed a sex discrimination charge with the EEOC. Explain the steps the EEOC will use to process the charge; include Nancy’s options during the process. Determine the likelihood of success of Nancy’s discrimination claim from the EEOC data base (available through www.eeoc.gov). Describe the basic precautions you should take so you might prevail in her claim.
Recommended Organizational Response ……………………………………… . . . . . . . . . . . . . 3
In 1972 congress passed the Education Acts of 1972, Public Law No. 92-318, 86 STAT. 23.J. Better known as Title IX, the law states “No person in the United States shall, on a basis of sex, be excluded from participation in, be denied the benefits of, or be subject to discrimination under any education program receiving federal funds” (Dusenbury & Lee, 2012). To interpret the law, it states the areas of federally funded education where schools must comply. These areas include any staff member that discriminates the opposite sex, any athletic programs that don’t provide equal opportunities towards both genders, and employment, such as an all-male staff is not allowed (20 U.S.C., 2012). These acts are punishable by loss of federal funding and
In the article “The Most Outrageous Ways School Are Trying To Enforce Gender Stereotypes” explains several cases where schools enforce boy and girls how to behave. The editor Tara Culp-Ressler explains that a senior girl went to prom dressed in jeans and got kicked out because she was not wearing a dress. Another case was a fourteen-year-old boy was forced to get rid of his makeup, which made his mother outraged and complained to the school. Tara also demonstrates that an eight-year-old girl was kicked out of a Christian school because she was not acting to feminine. She was dressing in sneakers and with short hair and the people in that school did not appreciate the girl being less feminine. Even more Tara writes of another incident where
Alice Dreger once said, “Ironically, when I've asked my straight friends to join me in hanging a rainbow flag, they answer, 'But someone might think we're gay,' not realizing that is exactly the point. To be mistaken for the oppressed is to momentarily become the oppressed.” The LGBTQ community in America is oppressed and this discrimination has negative effects on the community, more specifically the youth. This discrimination towards the community negatively impacts LGBTQ youth. One issue that youth face is being harassed for their sexual orientation and their gender expression. The youth it also more likely to commit suicide due to severe bullying or lack of self-confidence. Finally, the youth is more susceptible to mental issues. All of these come from a single label, something that society has
A third reason why LGBTQ+ discrimination is a problem is because it can cause them to possibly lose their job or be rejected a job. According to the Human Rights Campaign, it is currently legal to discriminate on the job in 29 states, 58% of the country, and it is also legal to fire someone due to sexuality or gender expression in 33 states. It was reported that 1 out of 5 LGBTQ+ experience discrimination at work. According to Catalyst, nearly 1 and 10 LGBTQ+ employees left a job because the environment is unwelcoming. 70% percent of non-LGBTQ+ employees believe it is “unprofessional” to discuss sexual orientation or gender identity in the workplace. More than half of LGBTQ+ employees hide their sexual orientation in the workplace due to the
Athletics has created the most controversy regarding Title IX, but its gains in education and academics are notable. Before Title IX, many schools refused to admit women or enforced strict limits. Some statistics highlighting the advancements follow:
America was founded on the principles that all people are created equal, and mere existence provides each person with certain unalienable rights. While our country has made many progressive decisions, people are still deprived of equality, and discrimination remains a profound issue in our society.
On Monday, April 20, 2015, The Washington Post published an article on recently settled employment discrimination case, more specifically a gender discrimination case, Robertson vs Hunter Panels. In Southwestern Pennsylvania, Robertson was hired by Hunter Panels in June 2006, at the start of her career at Hunter Panels LLC she was hired to oversee and perform the inventory and equipment management position. She soon became a supervisor/ manager, she was the only female manager and supervisor at Hunter Panels LLC. Robertson worked for Hunter Panels for six years, during this time she claimed that she was harassed and was excluded by her male co-workers. “I’m former military, and I can take a joke. But things started to turn really ugly and then
Gender Discrimination is a type of discrimination where basing on a particular person’s gender (or) sex a person is discriminated, majorly this type of discrimination is faced by women and girls.