Equity Issues

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Equity Issues
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Equity Issues 14th Amendment Title IX Title
VII Equal Pay Act Section 504 ADA
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14th Amendment Equal Protection State
Actor Mild Scrutiny Strict Scrutiny Suspect
Classification
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Title IX Sex Discrimination Education
program Discrimination sex based Federal
funds
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Title IX 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.
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Title IX 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.
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Title IX The Law (37 words)
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Title IX The Law (37 words) The Regulations
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Title IX The Law (37 words) The Regulations The
Policy Interpretations
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Title IX The Law (37 words) The Regulations The
Policy Interpretations Letters of
Clarification
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Title IX Enforcement Options In-house
complaint OCR complaint Lawsuit
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Title IX Enforcement Options In-house
complaint OCR complaint Loss of Federal
Funds Lawsuit Compensatory
Damages Punitive Damages- (Perhaps)
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Title IX Three Prong Test (Participation
Opportunities) Interests and Abilities Met
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Title IX

• Good idea? Bad idea?

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Title IX Three Prong Test (Participation
Opportunities) Interests and Abilities Met
History of Upgrading
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Title IX Three Prong Test (Participation
Opportunities) Interests and Abilities Met
History of Upgrading Proportionality (Student
Body Ratio)
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Title IX Three Prong Test (Participation
Opportunities) Count teams or athletes?
?
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Title IX Other places to look Participation
opportunity equipment Housing Recruitment P
ublicity Medical Locker rooms
Schedule Support Travel Coaching Facili
ties Financial Aid
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Title IX Benefits Compare team-to-team or
overall program (mens) to overall program
(womens)?
?
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Title IX
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Title IX Three Prong Test (Participation
Opportunities) Count dollars or benefits
provided?
?
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Title IX
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?
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• Yes

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Title VII Discrimination Employment 15
employees or more 20 weeks of calendar
year impact on interstate commerce
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Title VII It shall be an unlawful employment
practice for an employer . . . To discriminate
against any individual with respect to . . .
Compensation, terms, conditions, or privileges of
employment because of a persons race, color,
religion, national origin, or sex.
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Title VII It shall be an unlawful employment
practice for an employer . . . To discriminate
against any individual with respect to . . .
Compensation, terms, conditions, or privileges of
employment because of a persons race,
color, religion, national origin,
or sex.
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Title VII Does Title VII protect job
applicants before they become employees?
?
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Title VII Discriminatory Theories Systemic
disparate Individual disparate Disparate
impact Retaliation
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Equal Pay Act Discrimination Employment Sex
based discrimination Salary Need
comparator employee
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Equal Pay Act Does the EPA protect from
racial discrimination in salaries?
?
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Equal Pay Act If there is no employee of the
opposite sex with comparable responsibilities,
does The EPA work?
?
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?
Title IX
Title VII
EPA
Students Employees damages Enforcement agenc
y Fed Required Comparator employee?

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Title IX
Title VII
EPA
Students Employees damages Enforcement agenc
y Fed Required Comparator employee?
Yes
Yes

Yes
OCR
Yes
No
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Title IX
Title VII
EPA
Students Employees damages Enforcement agenc
y Fed Required Comparator employee?
Yes
No
Yes
Yes, but

Yes
Yes
EEOC
OCR
Yes
No
No
No
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Title IX
Title VII
EPA
No
Students Employees damages Enforcement agenc
y Fed Required Comparator employee?
Yes
No
Yes
Yes
Yes, but

Yes
Yes
Yes
EEOC
EEOC
OCR
Yes
No
No
Yes
No
No
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Section 504 Discrimination handicap federal
funds qualified individual
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Section 504 No qualified handicapped person
shall, on the basis of handicap, be excluded
from participation in, be denied the benefits
of, or otherwise be subjected to discrimination
under any program or activity that receives or
benefits from federal financial assistance.
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Section 504 No qualified handicapped person
shall, on the basis of handicap, be excluded
from participation in, be denied the benefits
of, or otherwise be subjected to discrimination
under any program or activity that receives or
benefits from federal financial assistance.
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Section 504 Compare the language of Section
504 to Title IX. What are the differences?
?
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Section 504 Protects if limits major life
activities or record of such
impairment or regarded as having
such impairment
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Section 504 major life activities include
caring for self performing manual
tasks walking breathing seeing learning
hearing working speaking
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ADA (Americans with Disabilities
Act) Discrimination based on disability Covers
most employers, public accomodations, public
services, including education
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Sexual Harassment Types Quid Pro Quo Hostile
Environment
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Sexual Harassment Protections Title IX Title
VII 14th Amendment
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Risk Management-S/H Policies Training Live
it Risk free reporting Respond Hire good
supervisors
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Risk Management-S/H Monitor complaints Zero
tolerance for S/H Dont retaliate Define S/H
fully Clear grievance procedure Clear reporting
point
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Risk Management-S/H Keep confidential ID
possible S/H penalties Seek Fed and State
input ID required responses of observers of
S/H
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Risk Management-S/H Determine policy for
consensual amorous relationships Define
appeals process
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