Education Law Commons^™

When A Kiss Isn't Just A Kiss: Title Ix And Student-To-Student Harassment, Verna L. Williams

Faculty Articles and Other Publications

This article discusses peer hostile environment sexual harassment. It examines the circuit court caselaw on the issue and the legislative history of Title IX, provides an overview of the Supreme Court precedent interpreting Title IX, outlines the Department of Education’s interpretation of Title IX’s requirements concerning peer hostile environment sexual harassment, and discusses analogous legal principles underlying the analysis of student-to-student hostile environment sexual harassment.

North Haven And Dougherty: Narrowing The Scope Of Title Ix, Rosemary C. Salomone

Faculty Publications

(Excerpt)

Since 1975 when the former Department of Health, Education and Welfare (hereinafter referred to as HEW) initially promulgated regulations pursuant to Title IX of the Education Amendments of 1972 (hereinafter referred to as Title IX), four Courts of Appeals and numerous District Courts have declared invalid the Title IX regulations governing the employment practices and policies of educational institutions. In an attempt to avoid administrative chaos resulting from enforcement inconsistencies, the Justice Department petitioned the Supreme Court to review the decisions of the First, Sixth and Eighth Circuits. This petition was denied on November 26, 1979, thereby letting the …

Title Ix And Employment Discrimination: A Wrong In Search Of A Remedy, Rosemary C. Salomone

Faculty Publications

(Excerpt)

Since the early 1960's when the struggle for women's rights gained renewed strength and hope from the civil rights movement, a number of federal laws have been enacted to protect the rights of women in employment. Among these laws are included Title VII of the Civil Rights Act of 1964 as amended in 1972 (hereinafter referred to as Title VII) which prohibits employment discrimination based upon sex in addition to the grounds of race, color, religion and national origin; Executive Order 11375 which prohibits sex discrimination by employers holding federal contracts; and the Equal Pay Act of 1963 as …

Private Causes Of Action Under Federal Agency Nondiscrimination Statutes, Julia C. Lamber

Articles by Maurer Faculty

Title VI of the Civil Rights Act of 1964 prohibits discrimination on the basis of race in programs and activities receiving federal financial assistance. Similarly Title IX of the Education Amendments of 1972 prohibits sex discrimination in federally funded education programs or activities. Although the effect of Title VI has been felt primarily in education, the statutory prohibition applies to any federally funded activity, public or private, including hospitals, social service and welfare agencies, law enforcement agencies, housing, and recreational programs. Both statutes provide for administrative enforcement against prohibited activities. This article explores the question of whether a private cause …