Descrição do livro
THIS CASEBOOK contains a selection of U. S. Court of Appeals decisions that analyze, interpret and discuss provisions of Title IX of the Education Amendments of 1972. Volume 2 of the casebook covers the Sixth through the Eleventh Circuit Court of Appeals.
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Title IX of the Education Amendments of 1972 prohibits sex discrimination in education programs or activities receiving federal financial assistance. A watershed enactment, Title IX contains two core provisions. The first prohibits discrimination: "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." 20 U.S.C. § 1681(a). The second relates to enforcement, authorizing agencies that award federal financial assistance to education programs to "issu[e] rules, regulations, or orders of general applicability," ensuring that aid recipients adhere to § 1681's mandate. Id. § 1682. One such agency is the Department of Education.
In the first few decades of Title IX's existence, the Department of Education—and its predecessor-in-enforcement, the Department of Health, Education, and Welfare—primarily issued regulations covering hiring, admissions, and athletics. Helped by the Supreme Court, the Department then extended § 1681's anti-discrimination mandate to cases of sexual harassment and retaliation. See Franklin v. Gwinnett Cnty. Pub. Schs., 503 U.S. 60, 75, 112 S.Ct. 1028, 117 L.Ed.2d 208 (1992) (extending Title IX to sexual harassment); Jackson v. Birmingham Bd. of Educ., 544 U.S. 167, 173-74, 125 S.Ct. 1497, 161 L.Ed.2d 361 (2005) (extending Title IX to retaliation).
State of Tennessee v. Dept. of Educ., 104 F. 4th 577 (6th Cir. 2024)
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