Informed Citizens. Accountable Power.

Central Question: 

What protection do women need for equality in educational settings?How does the Constitution (letter and spirit) guarantee equal protection under the law? What are the limits of the Constitution in this regard?

Key Terminology: 

Intermediate Scrutiny: A term of Constitutional law which refers to a test used in some contexts to determine the constitutionality of a law. The challenged law must advance an important government interest by means that are substantially related to that interest in order to pass intermediate scrutiny.(Source)

Equal Rights Amendment: The Equal Rights Amendment is a proposed amendment to the United States Constitution designed to guarantee equal legal rights for all American citizens regardless of sex; it seeks to end the legal distinctions between men and women in terms of divorce, property, employment, and other matters. (Source)

Title IX of the Education Amendments Act of 1972: 

On June 23, 1972, the President signed Title IX of the Education Amendments of 1972, 20 U.S.C.§1681 et seq., into law. Title IX is a comprehensive federal law that prohibits discrimination on the basis of sex in any federally funded education program or activity. The principal objective of Title IX is to avoid the use of federal money to support sex discrimination in education programs and to provide individual citizens effective protection against those practices. Title IX applies, with a few specific exceptions, to all aspects of federally funded education programs or activities. In addition to traditional educational institutions such as colleges, universities, and elementary and secondary schools, Title IX also applies to any education or training program operated by a recipient of federal financial assistance (Source)

A federal law that states: “No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance.” Title IX applies to all educational institutions, both public and private, that receive federal funds. Almost all private colleges and universities must abide by Title IX regulations because they receive federal funding through federal financial aid programs used by their students.(Source)

Although it is the application of Title IX to athletics that has gained the greatest public visibility, the law applies to every single aspect of education, including course offerings, counseling and counseling materials, financial assistance, student health and insurance benefits and/or other services, housing, marital and parental status of students, physical education and athletics, education programs and activities, and employment. (Source)

Athletics programs are considered educational programs and activities. There are three basic parts of Title IX as it applies to athletics: 

• Participation: Title IX requires that women and men be provided equitable opportunities to participate in sports. Title IX does not require institutions to offer identical sports but an equal opportunity to play;                          
• Scholarships: Title IX requires that female and male student-athletes receive athletics scholarship dollars proportional to their participation; and                          
• Other benefits: Title IX requires the equal treatment of female and male student-athletes in the provisions of: 
  • (a) equipment and supplies; 
  • (b) scheduling of games and practice times; 
  • (c) travel and daily allowance/per diem; 
  • (d) access to tutoring; 
  • (e) coaching, 
  • (f) locker rooms, practice and competitive facilities; 
  • (g) medical and training facilities and services; 
  • (h) housing and dining facilities and services; 
  • (i) publicity and promotions; 
  • (j) support services and 
  • (k) recruitment of student-athletes. (Source)

How is Title IX compliance assessed?

Title IX compliance is assessed through a total program comparison. In other words, the entire men’s program is compared to the entire women’s program, not just one men’s team to the women’s team in the same sport. The broad comparative provision was intended to emphasize that Title IX does not require the creation of mirror image programs. Males and females can participate in different sports according to their respective interests and abilities. Thus, broad variations in the type and number of sports opportunities offered to each gender are permitted. There is non requirement for the same amount of money to be spent for each group. The only provision that requires that the same dollars be spent proportional to participation is scholarships. Otherwise, male and female student-athletes must receive equitable “treatment” and “benefits. (Source)

Title IX does not require reductions in opportunities for male student-athletes. One of the purposes is to create the same opportunity and quality of treatment for both female and male student-athletes. Eliminating men sports programs is not the intent of Title IX. The intent of Title IX is to bring treatment of the disadvantaged gender up to the level of the advantaged group. (Source)”

Sexual Harassment: It is unlawful to harass a person (an applicant or employee) because of that person’s sex. Harassment can include “sexual harassment” or unwelcome sexual advances, requests for sexual favors, and other verbal or physical harassment of a sexual nature. Harassment does not have to be of a sexual nature, however, and can include offensive remarks about a person’s sex. For example, it is illegal to harass a woman by making offensive comments about women in general. Both victim and the harasser can be either a woman or a man, and the victim and harasser can be the same sex.

Some Key Legal Authorities: 

Executive Orders (EOs):

EO No. 11375 (1967): Banned discrimination on the basis of sex in hiring and employment in both the United States federal workforce and on the part of government contractors.

EO No. 11625 (1971): Prescribing additional arrangements for developing and coordinating a national program for minority business enterprise.

EO No. 12138 (1979): Creating a National Women’s Business Enterprise Policy and prescribing arrangements for developing, coordinating and implementing a national program for women’s business enterprise.

Legislation:

• Civil Rights Act (1964)
  • 42 U.S. Code Chp. 21 – CIVIL RIGHTS
• Title IX
  • More information on the US Code

Case Law:

• Griswold v. Connecticut, 381 U.S. 479
• Roe v. Wade, 410 U.S. 113
• Planned Parenthood of Southeastern Pennsylvania v. Casey, 505 U.S. 833.
• Taylor v. Louisiana, 419 U.S. 522.
• Stanton v. Stanton, 421 U.S. 7.
• Bigelow v. Virginia, 421 U.S. 809. 
• Craig v. Boren, 429 U.S. 190
• Rostker v. Goldberg, 453 U.S. 57.
• Mississippi University for Women v. Hogan, 458 U.S.
• Meritor Savings Bank v. Vinson, 477 U.S. 57.
• United States v. Virginia, 518 U.S. 515.

For more information see: This detailed “Timeline of Women’s Legal History in the United States by Prof. Cunnea

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