Search for:. Toggle navigation U. Student Loans Grants Laws Data. About OCR. Reading Room. Office Contacts. Frequently Asked Questions. Title IX 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. Printable view. How Do I Find We encourage you to contact a lawyer to discuss your complaint or suit.
Under Title IX, schools must disseminate a notice of nondiscrimination. This notice does not have to specify that sexual harassment and violence are likewise prohibited, but the U. Department of Education ED recommends that schools do, since a notice that makes it unclear may qualify as a violation of Title IX. This notice is likely available in a student handbook or code of conduct in elementary and secondary schools and in an Annual Security Report ASR in higher education institutions.
This notice prohibiting sex discrimination must be widely distributed, available, and easily accessible to the school community each year. ED recommends schools:. Both victims and third parties should contact the Coordinator to report incidents of sex discrimination, sexual harassment, or sexual violence. The Title IX Coordinator ensures schools are compliant with Title IX, coordinates the investigation and disciplinary process, and looks for patterns or systematic problems with compliance to ensure schools fulfill all their federal obligations.
The Coordinator may not have any other job responsibility that creates a conflict of interest with their responsibilities under Title IX. For example, the Title IX coordinator may not also sit on a disciplinary board or serve as legal counsel to the college. While sexual misconduct complaints may be resolved through informal mechanisms, such as mediation, students are not required to use informal methods of grievance resolution and should not be pressured into such a process.
In addition to being obligated to survivors, schools must address hostile educational environments created by sex discrimination, sexual harassment, and sexual violence school-wide. Addressing a hostile environment means remedying a current situation, addressing its effects, and preventing its recurrence in the future. Schools may meet this obligation through providing educational and awareness programming on sexual harassment or discrimination.
Employee Training: Both the Clery Act and Title IX rule require school employees that address sexual violence complaints to have appropriate training. In addition to the statutory exemptions discussed above, the Title IX common rule contains a few other exceptions permitting single-sex programs under certain limited circumstances.
Either of these provisions could permit single-sex programs under appropriate circumstances. In addition, section b permits exclusion, on the basis of sex, of any person from admission to a nonvocational school operated by a local education agency, so long as " Under the Equal Protection Clause of the Fourteenth Amendment, a governmental classification based on sex can be lawful only if the classification serves "important governmental objectives and that the discriminatory means employed" are "substantially related to the achievement of those objectives.
Hogan, U. Druggists Mutual Ins. For example, even though Title IX may not prohibit a traditionally single-sex public entity providing training for nurses from excluding male applicants, the public entity must still demonstrate an "exceedingly persuasive justification" for the restrictive admission policy in order to survive an equal protection challenge. Feenstra, U.
See also United States v. Virginia, U. The Title IX regulations contain a variety of procedural requirements, the most important of which is the requirement to establish grievance procedures. The regulations require that every recipient to which Title IX applies "adopt and publish grievance procedures providing for prompt and equitable resolution of student and employee complaints alleging any action that be prohibited by these Title IX regulations. These grievance procedures are an essential element in ensuring that Title IX and its implementing regulations are complied with in the least contentious manner possible.
Unlike Title VI which covers employment only in limited circumstances, Title IX clearly covers employment discrimination. It is generally accepted outside the sexual harassment context that the substantive standards and policies developed under Title VII apply with equal force to employment actions brought under Title IX. Section 5 of that chapter discusses the joint rule issued by the Department of Justice and the Equal Employment Opportunity Commission, which sets forth procedures that federal agencies are to utilize when processing Title IX employment cases.
Congress enacted Title IX with two principal objectives in mind: to avoid the use of federal resources to support discriminatory practices in education programs, and to provide individual citizens effective protection against those practices. See Cannon v. Legislative History. Women, who were entering the workforce in record numbers, faced a persistent earnings gap compared to their male counterparts.
As a consequence of the equality in the workforce debate, Americans also began to focus attention generally on inequities that inhibited the progress of women and girls in education. Several advocacy groups filed class action lawsuits against colleges and universities and the federal government. These advocacy organizations complained of an industry-wide pattern of sex bias against women who worked in colleges and universities.
As a consequence, Congress focused on the issue of sex bias in education during the summer of at a set of hearings on discrimination against women before a special House Subcommittee on Education chaired by Representative Edith Green Oregon. Representative Green introduced a higher education bill with provisions regarding sex equity wherein she unsuccessfully attempted to add a prohibition on sex discrimination to the Education Amendments of A year later, Title IX began its congressional life in earnest when an amendment was introduced in the Senate by Senator Birch Bayh of Indiana, who explained that its purpose was to combat "the continuation of corrosive and unjustified discrimination against women in the American educational system.
During debate, Senator Bayh stressed the fact that economic inequities suffered by women can often be traced to educational inequities. In support of the amendment, Senator Bayh pointed to the link between discrimination in education and subsequent employment opportunities:. The field of education is just one of many areas where differential treatment [between men and women] has been documented but because education provides access to jobs and financial security, discrimination here is doubly destructive for women.
Therefore, a strong and comprehensive measure is needed to provide women with solid legal protection from the persistent, pernicious discrimination which is serving to perpetuate second-class citizenship for American women. Congressional activity on the issue increased with the introduction of various proposals in the House and Senate to end sex discrimination in education. Although there was growing consensus that sex discrimination in education should end, there was little agreement as to the best methods for reaching that goal.
Some critics claimed that the legislation was intended to try to maintain a certain quota or ratio of male to female students. Senator Bayh reiterated many times during the debate that "the amendment is not designed to require specific quotas. The thrust of the amendment is to do away with every quota.
The Senator went on to state that, "The language of my amendment does not require reverse discrimination.
It only requires that each individual be judged on merit, without regard to sex. In the end, the House attached a floor amendment to the bill specifying that the legislation would not require quotas.
Despite this lengthy process, Title IX was passed without much debate as to several of its key exemption provisions.
For example, early on it was unclear whether Congress intended to regulate intercollegiate athletics. For this reason, the statute was amended in to direct the Department of Health Education and Welfare to publish proposed implementing regulations, with a provision stating that such regulations shall include with respect to intercollegiate athletic activities, reasonable provisions considering the nature of the particular sports.
Bell, U. The CRRA clarifies the definition of "program or activity" or "program. Nothing in this chapter shall be construed to require or prohibit any person, or public or private entity, to provide or pay for any benefit or services, including the use of facilities, related to an abortion. Nothing in this section shall be construed to permit a penalty to be imposed on any person or individual because such person or individual is seeking or has received any benefit or service related to a legal abortion.
Consistent with the Danforth Amendment, the Title IX common rule does not require or prohibit any person, or public or private entity, to provide or pay for any benefit or service, including the use of facilities, related to an abortion. However, medical procedures, benefits, services, and the use of facilities, necessary to save the life of a pregnant woman or to address complications related to an abortion are not subject to this section.
Moreover, the Title IX common rule prohibits a recipient from discriminating against, excluding, or denying benefits to a person because that person has obtained, sought, or will seek an abortion. This prohibition applies to any service or benefit for an applicant for enrollment or employment , student, or employee.
In addition, the CRRA expanded the exemption for entities controlled by religious organizations. Under the CRRA, the exemption is no longer limited to educational institutions that are controlled by religious organizations with tenets contrary to Title IX.
Instead, any educational operation of an entity may be exempt from Title IX due to control by a religious organization with tenets that are not consistent with the provisions of Title IX. Further, the exemption would apply to a particular education program operated by a recipient if this separate program is subject to religious tenets that are not consistent with Title IX.
An educational institution or other entity that wishes to claim the exemption set forth in paragraph a of this section shall do so by submitting in writing to the designated agency official a statement by the highest-ranking official of the institution, identifying the provisions of these Title IX regulations that conflict with a specific tenet of the religious organization.
The preamble to the Notice of Proposed Rulemaking of the Title IX common rule explains that if a recipient has already obtained an exemption from the Department of Education, such exemption may be submitted to another funding agency as a basis for an exemption from the second funding agency.
Title IX requires that agencies promulgate regulations to provide guidance to recipients of federal financial assistance who administer education programs or activities on Title IX enforcement. See 34 C. Part and 45 C. Part 86, respectively. Two other federal agencies, the Department of Agriculture and the Department of Energy, also published Title IX rules around that same time. See 64 Fed. In the Title IX common rule, the substantive nondiscrimination obligations of recipients, for the most part, are identical to those established by the Department of Education under Title IX.
However, the rule reflects statutory changes to Title IX, such as those resulting from passage of the CRRA, and modifications to ensure consistency with Supreme Court precedent. After receiving and reviewing comments, and making a few additional changes to the regulations in response to these comments, the Department of Justice and 20 other participating agencies published the final Title IX common rule on August 30, Federal Financial Assistance.
Title IX prohibits, with certain exceptions, any entity that receives "federal financial assistance" from discriminating against individuals on the basis of sex in education programs or activities. However, federal financial assistance may also be in nonmonetary form. Paralyzed Veterans, U. As discussed below, federal financial assistance may include the use or rent of federal land or property at below market value, federal training, a loan of federal personnel, subsidies, and other arrangements with the intention of providing assistance.
Federal financial assistance does not encompass contracts of guarantee or insurance by the federal government. It is also important to remember that not only must an entity receive federal financial assistance to be subject to Title IX, but the entity also must receive federal assistance at the time of the alleged discriminatory act s except for assistance provided in the form of real or personal property.
In this situation, the recipient is subject to Title XI for as long as it uses the property. See Huber v. Howard County, Md. Department of Bus. Of Alcohol, Beverages and Tobacco of Fla. Examples of Federal Financial Assistance. Agency regulations use similar, if not identical, language to define federal financial assistance:. See Paralyzed Veterans, U. For example:. As set forth in the Title IX common rule, federal financial assistance may be in the form of a grant of land or use rental of federal property for the recipient at no or reduced cost.
Since the recipient pays nothing or a lower amount for ownership of land or rental of property, the recipient is being assisted financially by the federal agency. Typically, assurances state that this type of assistance is considered to be ongoing for as long as the land or property is being used for the original or a similar purpose for which such assistance was intended.
Moreover, regulations also generally bind the successors and transferees of this property, as long as the original purpose, or a similar objective, is pursued. Thus, if the recipient uses the land or rents property for the same purpose at the time of the alleged discriminatory act, the recipient is receiving federal financial assistance, irrespective of when the land was granted or donated.
Under the Intergovernmental Personnel Act of , federal agencies may allow a temporary assignment of personnel to State, local, and Indian tribal governments, institutions of higher education, federally funded research and development centers, and certain other organizations for work of mutual concern and benefit.
See 5 U. This detail of federal personnel to a State or other entity is considered federal financial assistance, even if the entity reimburses the federal agency for some of the detailed employee's federal salary. However, if the State or other entity fully reimburses the federal agency for the employee's salary, it is unlikely that the entity receives federal financial assistance. Another common form of federal financial assistance provided by many agencies is training by federal personnel.
Direct and Indirect Receipt of Federal Assistance. Federal financial assistance may be received directly or indirectly. Grove City College v. Johnson, F. In Bob Jones Univ. Bob Jones Univ. Even if the financial aid to the veterans did not reach the university, the court considered this financial assistance to the school since this released the school's funds for other purposes.
Thus, an entity may be deemed to have "received Federal financial assistance" even if the entity did not show a "financial gain, in the sense of a net increment in its assets. Aid such as this, and noncapital grants, are equally federal financial assistance.
To simply assert that an entity receives something of value in nonmonetary form from the federal government's presence or operations, however, does not mean that such benefit is federal financial assistance. For example, licenses impart a benefit since they entitle the licensee to engage in a particular activity, and they can be quite valuable. Licenses, however, are not federal financial assistance. Community Television of S.
Gottfried, U. FCC, F. United Bhd. Similarly, statutory programs or regulations that directly or indirectly support, or establish guidelines for, an entity's operations are not federal financial assistance. Herman, 60 F. Savings of America, F. Ohio Mortgage lender subject to federal banking laws does not receive federal financial assistance. Hargrove, F. Furthermore, programs "owned and operated" by the federal government, such as the air traffic control system, do not constitute federal financial assistance.
Delta Airlines, F. It also should be noted that while contracts of guaranty and insurance may constitute federal financial assistance, Title IX specifically states that it does not apply to contracts of insurance or guaranty. See 20 U. Croghan Colonial Bank, 89 F. But see Moore v. Sun Bank, F. Procurement contracts also are not considered federal financial assistance.
DeVargas v. Hotsy Corp. Iowa procurement contract by company with GSA to provide supplies is not federal financial assistance ; Hamilton v. Illinois Cent.
A distinction must be made between procurement contracts at fair market value and subsidies; the former is not federal financial assistance although the latter is. Jacobson, F. Martin Marietta Corp. As described in Jacobson and followed in DeVargas, there need not be a detailed analysis of whether a contract is at fair market value, but instead a focus on whether the government intended to provide a subsidy to the contractor. DeVargas, F. In DeVargas, a Department of Energy contract, issued through a competitive bidding process after a determination that a private entity could provide the service in a less costly manner, evidenced no intention to provide a subsidy to the contractor.
Finally, Title IX does not apply to direct, unconditional assistance to ultimate beneficiaries, the intended class of private citizens receiving federal aid.
Soberal-Perez v. Heckler, F. A "recipient" is an entity that receives federal financial assistance and that operates "an education program or activity," and is thus subject to Title IX. The Title IX common rule provides as follows:. The term recipient means any State or political subdivision thereof, or any instrumentality of a State or political subdivision thereof, any public or private agency, institution, or organization, or other entity, or any person, to whom Federal financial assistance is extended directly or through another recipient and that operates an education program or activity that receives such assistance, including any subunit, successor, assignee, or transferee thereof.
Several aspects of the plain language of the regulations should be noted. First, a recipient may be a public e. Second, Title IX does not apply to the federal government. Therefore, a federal agency cannot be considered a "recipient" within the meaning of Title IX. Third, there may be more than one recipient in a program of federal financial assistance; that is, a primary recipient e. Fifth, as discussed in detail below, there is a distinction between a recipient and a beneficiary.
Finally, although not addressed in the regulations, a recipient may receive federal assistance either directly from the federal government or indirectly through a third party, who is not necessarily another recipient. For example, schools are indirect recipients when they accept payments from students who directly receive federal financial aid. Direct Relationship. The clearest means of identifying a "recipient" of federal financial assistance covered by Title IX is to determine whether the entity has voluntarily entered into a direct relationship with the federal government and receives federal assistance under a condition or assurance of compliance with Title IX.
It is important to note that, by signing an assurance, the recipient is committing itself to complying with nondiscrimination mandates. In this scenario, the recipient has a direct relationship with the funding agency and, therefore, is subject to the requirements of Title IX. While showing that the entity directly receives a federal grant, loan, or contract other than a contract of insurance or guaranty is the easiest means of identifying a Title IX recipient, this direct cash flow does not describe the full reach of Title IX.
Indirect Recipient. A recipient may receive funds either directly or indirectly. Grove City College, U. Although the money is paid directly to the students, the universities and other educational institutions are the indirect recipients. In Grove City College, the Supreme Court found that there was no basis to create a distinction not made by Congress regarding funding paid directly to or received indirectly by a recipient. In reaching its conclusion, the Court considered the congressional intent and legislative history of the statute in question to identify the intended recipient.
The Court found that the Education Amendments, of which Title IX is a part, are "replete with statements evincing Congress' awareness that the student assistance programs established by the Amendments would significantly aid colleges and universities. Finally, the Court distinguished student aid programs that are "designed to assist" educational institutions and that allow such institutions the option of participation in such programs, from other general welfare programs where individuals are free to spend the payments without limitation.
In contrast, as subsequently explained by the Supreme Court in Paralyzed Veterans, it is essential to distinguish aid that flows indirectly to a recipient from aid to a recipient that reaches a beneficiary. While Grove City stands for the proposition that Title IX coverage extends to Congress' intended recipient, whether receiving the aid directly or indirectly, it does not stand for the proposition that federal coverage follows the aid past the recipient to those who merely benefit from the aid.
Smith, U. Transferees and Assignees. Agency regulations and assurances often include specific statements on the application of Title IX to successors, transferees, assignees, and contractors. In the case of Federal financial assistance extended to provide real property or structures thereon, such assurance shall obligate the recipient, or in the case of a subsequent transfer, the transferee, for the period during which the real property or structures are used to provide an education program or activity Furthermore, Title IX regulations provide that land originally acquired through a program receiving federal financial assistance must include a covenant binding on subsequent purchasers or transferees that requires nondiscrimination for as long as the land is used for the original or a similar purpose for which the federal assistance is extended.
Many programs have two recipients. The primary recipient directly receives the federal financial assistance. The primary recipient then distributes the federal assistance to a subrecipient to carry out a program. Both the primary recipient and subrecipient must conform their actions to Title IX and other nondiscrimination laws.
Contractor and Agent. A recipient may not absolve itself of its Title IX and other nondiscrimination obligations by hiring a contractor or agent to perform or deliver assistance to beneficiaries. Agency regulations consistently state that prohibitions against discriminatory conduct, whether intentional or through sex neutral means with an unjustified disparate impact, apply to a recipient, whether committed "directly or through contractual or other arrangements.
One also should evaluate the agency's assurances or certifications; such documents can provide an independent basis to seek enforcement. For example, the assurance for the Office of Justice Programs, within the Department of Justice, states, inter alia,.
Recipient v. Finally, in analyzing whether an entity is a recipient, it is necessary to distinguish a recipient from a beneficiary. According to the Supreme Court, the Title IX regulations issued by the Department of Education "make[s] clear that Title IX coverage is not triggered when an entity merely benefits from federal funding.
In NCAA v. This showing without more is insufficient to trigger Title IX coverage. The Court noted that the definition of a recipient under Title IX regulations follows the "teaching of Grove City and Paralyzed Veterans: Entities that receive federal assistance, whether directly or through an intermediary, are recipients within the meaning of Title IX; entities that only benefit economically from federal assistance are not.
Beneficiaries, however, do not enter into any formal contract or agreement or sign an assurance with the federal government where compliance with Title VI or Title IX is a condition of receiving the assistance. In almost any major federal program, Congress may intend to benefit a large class of persons, yet it may do so by funding - that is, extending federal financial assistance to - a limited class of recipients.
Title IX was meant to cover only those situations where federal funding is given to a non-federal entity which, in turn, provides financial assistance to the ultimate beneficiary, or disburses federal assistance to another recipient for ultimate distribution to a beneficiary. See Grove City U.
In Paralyzed Veterans, a Section case decided under Department of Transportation regulations, the Court held that commercial airlines that used airports and gained an advantage from the capital improvements and construction at airports were beneficiaries, and not recipients, under the airport improvement program.
The airport operators, in contrast, directly receive the federal financial assistance for the airport construction. The Court examined the program statutes and concluded:. Congress recognized a need to improve airports in order to benefit a wide variety of persons and entities, all of them classified together as beneficiaries. Congress did not set up a system where passengers were the primary or direct beneficiaries, and all others benefitted by the Acts are indirect recipients of the financial assistance to airports The statute covers only those who receive the aid, but does not extend as far as those who benefit from it Congress tied the regulatory authority to those programs or activities that receive federal financial assistance.
Title IX prohibits recipients of federal financial assistance from discriminating on the basis of sex in education programs or activities. As noted in the Introduction, however, the primary focus of this Title IX Manual is on education programs or activities conducted outside traditional educational institutions.
As discussed in Chapter I, the CRRA amended Title IX, Title VI, Section , and the Age Discrimination Act by adding an explicit and expansive definition of "program or activity" that encompasses "all of the operations of" a covered entity, any part of which receives federal financial assistance, in order to establish the principle of institution-wide coverage. As explained below, outside the context of traditional educational institutions, a fact-specific inquiry is required to determine which portions of a covered program or activity are educational, and thus covered by Title IX.
In light of the broad sweep envisioned for Title IX, and the expansive notion of institution-wide coverage mandated by the CRRA, such inquiries must be made as broadly as possible.
The Civil Rights Restoration Act of Before examining the question of what constitutes a covered education program or activity under Title IX, as amended by the CRRA, it is helpful to take a closer look at the CRRA and the expansive definition of "program" and "program or activity" enacted by this amendment.
For the purposes of this chapter, the term "program or activity" and "program" mean all of the operations of B the entity of such state or local government that distributes such assistance and each such department or agency and each other State or local government entity to which the assistance is extended, in the case of assistance to a State or local government;.
B the entire plant or other comparable, geographically separate facility to which Federal financial assistance is extended, in the case of any other corporation, partnership, private organization, or sole proprietorship; or.
Since passage of the CRRA, courts have consistently held that the receipt of federal funds results in entity-wide coverage under these statutes.
Alabama, F. Meaning of "education program or activity". However, by defining only "program or activity," the CRRA did not directly address the question of how to interpret the modifier "education" for purposes of Title IX coverage. As a result, coverage under Title IX involves an issue of statutory interpretation that does not arise for the other three civil rights statutes, namely: to what extent does "education" provide a limitation on the concept of institution-wide coverage embodied in the CRRA?
The legislative history of the CRRA reveals that some members of Congress struggled with this very issue. If a private hospital corporation is extended federal assistance for its emergency rooms, all the operations of the hospital, including for example, the operating rooms, the pediatrics department, admissions, discharge offices, etc.
Since Title IX is limited to education programs or activities, it would apply only to the students and employees of education programs operated by the hospital, if any.
Covered "education programs or activities". Of course, ordinary rules of statutory construction require that meaning be given to all phrases of a statute. Heckler, U. As the Supreme Court has repeatedly emphasized, "It is a familiar principle of statutory construction that courts should give effect, if possible, to every word that Congress has used in a statute. Thus, in determining the proper scope of coverage for Title IX, as amended by the CRRA, it is important to give meaning to both the modifier "education" and the phrase "program or activity.
In light of these considerations, a fact-specific inquiry is necessary to determine what constitutes a covered "education program or activity. In conducting such factual inquiries, it is important to remember that determinations as to what constitutes a covered education program must be made as broadly as possible.
This principle is consistent with both the broad sweep of coverage originally envisioned for Title IX as well as the expansive notion of institution-wide coverage mandated by the CRRA. Notably, the Ninth Circuit has concluded that it is appropriate to conduct just such a fact-specific inquiry in order to determine the proper scope of coverage under Title IX.
In Jeldness v. Pearce, 30 F. Jeldness, 30 F. Both of these statutes were designed to eradicate sex-based discrimination in education programs operated by recipients of federal financial assistance, and all determinations as to the scope of coverage under these statutes must be made in a manner consistent with this important congressional mandate.
Discriminatory Conduct. Title IX was modeled after Title VI of the Civil Rights Act of and they both share a common purpose: to ensure that public funds derived from all the people are not utilized in ways that encourage, subsidize, permit, or result in prohibited discrimination against some of the people.
Title IX, like Title VI, recognizes three general types of prohibited discrimination: 1 disparate treatment, 2 disparate impact, and 3 retaliation. Any effective and meaningful administrative enforcement program under Title IX must be prepared to address all three. Disparate Treatment. Disparate treatment 33 refers to actions that treat similarly situated persons differently on the basis of a prohibited classification.
In the case of Title IX, the prohibited classification is sex. Under the disparate treatment theory of discrimination, the core question is whether a recipient, through its officials, has treated people differently on the basis of sex.
To establish disparate treatment, the fundamental task is to show that similarly situated individuals were treated differently because of, or on the basis of their sex. This does not mean, however, that the evidence must show "bad faith, ill will or any evil motive on the part of the [recipient].
For example, many statutory or administrative schemes that illegally discriminate on the basis of sex were created or were subsequently justified as efforts to address the special needs of a particular sex. Evidence of discriminatory intent may be direct or circumstantial and may be found from various sources, including statements by decision makers, the historical background of the events in issue, the sequence of events leading to the decision in issue, a departure from standard procedure e.
Direct proof of discriminatory intent is often unavailable. Green, U. Applying the McDonnell Douglas principles to a Title IX claim, the investigating agency must first determine whether the case file raises an inference of discrimination, i. The elements of a prima facie case may vary depending on the facts of the complaint, but such elements often include the following:. If the case file contains sufficient evidence to establish a prima facie case of discrimination, the investigating agency must then determine whether the recipient can articulate a legitimate, nondiscriminatory reason for the challenged action.
In other words, the evidence must support a finding that the reason articulated by the recipient was not the true reason for the challenged action, and that the real reason was discrimination based on sex. Similar principles may be used to analyze claims that a recipient has engaged in a "pattern or practice" of unlawful discrimination.
It is also important to remember that some claims of intentional discrimination may involve the use of policies or practices that explicitly classify individuals on the basis of sex.
Such "classifications" may constitute unlawful discrimination. For example, the Supreme Court held in a Title VII case that a policy that required female employees to make larger contributions to a pension fund than male employees created an unlawful classification based on sex. Most such policies will be deemed to violate Title IX assuming the actions occurred in an education or training program unless the recipient can articulate a lawful justification for classifying people on the basis of sex.
Disparate Impact. In contrast to disparate treatment, which focuses on the intent to cause sex-based results, disparate impact focuses on the consequences of a facially sex-neutral policy or practice. Under this theory of discrimination, the core inquiry focuses on the results of the action taken, rather than the underlying intent.
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