Analysis of Jackson v. Birmingham Board of Education (2005)
Level of Court: United States Supreme Court
Facts: Roderick Jackson was hired in 1993 by the Birmingham Board of Education to teach physical education and coach girl’s basketball. During Jackson’s employment he felt that school policy provided unequal accommodations and unequal funding for the girls teams. His complaint fell under Title IX. Title IX is part of the Education Amendments of 1972, which prohibits discrimination based on sex in any educational program. The law specifically states, “ No person… shall, on the basis of sex, be … subjected to discrimination under any education program…receiving Federal financial assistance.” Jackson argued this point as he felt that his …show more content…
This decision held that Title IX does not only protect against sex discrimination in the educational system but also protects those who have been retaliated against for reporting Title IX issues in the school systems. This was also extended to cover those who are third party reporters of Title IX discrimination. Jacksons’ suit for retaliation was constituted intentional discrimination on basis of sex, which therefore was a violation under Title IX. Previous to Jacksons case the courts decided in Cannon v. University of Chicago, 441 U.S. 677, that that right included actions for monetary damages by private persons. Franklin v. Gwinnett County Public Schools, 503 U.S. 60, and encompasses intentional sex discrimination in the form of a recipient’s deliberate indifference to sexual harassment of a student by a teacher, Gebser v Lago Vista Independent School District or by another students, Davis V Monroe County Board of Education. In all cases the Court relied on Title IX’s broad language to prohibit funding from intentionally subjecting any person to “discrimination” “on the basis of sex.” Retaliation is, by definition, an intentional act. Therefore, it is a form of “discrimination” because the complaints led to differential
Level of Court: United States Supreme Court
Facts: Roderick Jackson was hired in 1993 by the Birmingham Board of Education to teach physical education and coach girl’s basketball. During Jackson’s employment he felt that school policy provided unequal accommodations and unequal funding for the girls teams. His complaint fell under Title IX. Title IX is part of the Education Amendments of 1972, which prohibits discrimination based on sex in any educational program. The law specifically states, “ No person… shall, on the basis of sex, be … subjected to discrimination under any education program…receiving Federal financial assistance.” Jackson argued this point as he felt that his …show more content…
This decision held that Title IX does not only protect against sex discrimination in the educational system but also protects those who have been retaliated against for reporting Title IX issues in the school systems. This was also extended to cover those who are third party reporters of Title IX discrimination. Jacksons’ suit for retaliation was constituted intentional discrimination on basis of sex, which therefore was a violation under Title IX. Previous to Jacksons case the courts decided in Cannon v. University of Chicago, 441 U.S. 677, that that right included actions for monetary damages by private persons. Franklin v. Gwinnett County Public Schools, 503 U.S. 60, and encompasses intentional sex discrimination in the form of a recipient’s deliberate indifference to sexual harassment of a student by a teacher, Gebser v Lago Vista Independent School District or by another students, Davis V Monroe County Board of Education. In all cases the Court relied on Title IX’s broad language to prohibit funding from intentionally subjecting any person to “discrimination” “on the basis of sex.” Retaliation is, by definition, an intentional act. Therefore, it is a form of “discrimination” because the complaints led to differential