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Tuesday, March 29, 2005

Supreme Court Reads Title IX Expansively

Today, the Supreme Court delivered a major victory for women's rights in Jackson v. Birmingham Board of Education. The AP's Hope Yen decodes the case for us.

The Supreme Court expanded the scope of a landmark gender equity law, ruling Tuesday that it shields whistleblowers who accuse academic institutions of discrimination based on sex.

The 5-4 decision in favor of Alabama high school girls basketball coach Roderick Jackson is a victory for women's advocates who say the legal protection will prompt reports of bias that would otherwise go unsaid or unheeded.

The ruling means Jackson can pursue a lawsuit claiming he was fired for complaining that the boys team received better treatment. Congress intended such lawsuits when it passed the Title IX law, justices said.

"Without protection from retaliation, individuals who witness discrimination would likely not report it, indifference claims would be short-circuited, and the underlying discrimination would go unremedied," Justice Sandra Day O'Connor wrote for the majority.

She was joined in her opinion by Justices John Paul Stevens, David H. Souter, Ruth Bader Ginsburg and Stephen G. Breyer.

The 1972 law, best known for promoting women's athletics, bars sex discrimination in any educational program receiving federal funds. It already was settled law that students or others could sue if they thought they were shortchanged based on their sex.

But the statute has been silent as to the rights of whistleblowers — regardless of gender — who aren't direct victims of discrimination but who claim retaliation. Since 1975, the federal government has interpreted Title IX to cover retaliation claims.
I am reminded of what former Senator Birch Bayh -- who wrote Title IX -- told me about the case last month:

Here you have Coach Jackson, who is a male basketball coach who happens to be black -- to put the scenario in the full context. Color has nothing to do with the issue; the fact that he's a man probably does, because here a man is asking his school board to do something about discrimination against his women students, his girls, and that to me is the way it ought to be done in the schools, communities throughout the country. Teachers stand up and say, "Hey, we have injustice going on here."

They, the Coach Jacksons of this world, are the symbols to alert the community generally that there's discrimination going on. You shouldn't have to sue somebody to get justice. It ought to come through administrative process. With the help of people like Coach Jackson to bring it to their attention, the School Board says "OK, we'll put a stop to this." Shouldn't have to sue them to get it done.

And to actually retaliate against Jackson, which compounds the problem here, to actually shoot the whistleblower, so to speak, I think is a major injustice. So I was glad to get involved in that.
He had much more to say about the case, so I highly recommend you check it out if you're interested.
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