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Title IX protects you against Sex-Based Discrimination

This content about civil rights was written by a third party and does not represent the views or opinions of Haddad & Sherwin LLP, nor should it be construed as a complete and accurate statement of the law or as legal advice.  For better information about this topic, please contact Haddad & Sherwin LLP.

Title IX of the Education Amendments of 1972 is a federal law that brings protection from sex-based discrimination behaviors in education, such as sexual harassment or assault, the denial of benefits because of someone’s gender, among other related acts.

Title IX states that “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.”

Some examples of sex discrimination related actions covered under Title IX are the following:

  • Exclude someone from a research position opportunity because of their sex when this characteristic is not relevant to do the job.
  • Refuse to accept someone into a training or educational program based solely on their sex.
  • Commit gender-based or sexual harassment, like making unwanted sexual comments or advances.

The Role of OCR in Title IX Enforcement

The Office of Civil Rights (OCR) takes part in the assertion of Title IX through the investigation, evaluation, and resolution of sex discrimination complaints, including cases of sexual assault and harassment, denial of equal opportunities in athletics, being treated differently because of being pregnant, among other situations.

Additionally, OCR releases policy guidance to inform education institutions about their obligation to ensure an environment free of discrimination. It also participates in activities to promote among educational institutions the improvement of their anti-harassment rules and procedures.

What to Do When Being Discriminated under Title IX

Anyone affiliated with an academic institution that receives federal funds and is discriminated based on their gender may take action against the wrongdoers. The affected party may be a student, parent, employee, researcher, among others related.

If you are the recipient of sex-based discrimination in violation of your Title IX civil rights, you may submit a complaint to the OCR in the Department of Education (ED). This act may be done electronically or by snail mail. You may go through your institution’s complaint process to solve the situation first, but it is not mandatory to do so.

ED should let you know that they received the complaint within two weeks after you file it. An OCR’s lawyer may reach you to talk about the complaint. This agency will decide whether or not they are going to open an investigation. If they determine to do it, they may ask the educational institution to modify some practices or policies. If they don’t initiate the investigation, you may pursue a civil lawsuit.

If you are affected by sex-based discrimination in education or are a victim of any other civil rights violation, it is strongly recommended to seek legal guidance, so you have a higher chance to succeed in your case.

Haddad & Sherwin LLP has a long, successful track record winning wrongful death and other serious civil rights claims for police and jail officer misconduct, throughout Northern and Central California.  Call or email us for a free consultation.

This content was written by a third party and does not represent the views or opinions of Haddad & Sherwin LLP, nor should it be construed as a complete and accurate statement of the law or as legal advice.  For better information about this topic, please contact Haddad & Sherwin LLP.