What Title IX Rights Protect School and College Employees?
Quick answer: Title IX prohibits sex discrimination in education programs and activities that receive federal financial assistance, and its protections extend to employment within covered institutions. Federal regulations address employment practices including hiring, firing, pay, promotions, job assignments, benefits, and pregnancy-related treatment. Title IX also protects against certain retaliation, although the availability of a private Title IX employment-discrimination lawsuit currently varies by jurisdiction and is an issue before the U.S. Supreme Court.
Title IX applies to employment discrimination in federally funded education programs and activities. However, courts have disagreed over whether employees may bring private Title IX lawsuits for employment discrimination, rather than pursuing claims under other federal employment laws such as Title VII. The U.S. Supreme Court is currently considering that question in Crowther v. Board of Regents of the University System of Georgia. Because the available legal claims may depend on where an employee works and the circumstances of the case, employees should consider speaking with an employment attorney about which laws apply.
Barrett & Farahany break down what Title IX covers, which employment decisions fall under its protection, and how retaliation safeguards work for school employees and college employees alike.
What Is Title IX?
Title IX of the Education Amendments of 1972 is a federal civil rights law that prohibits discrimination based on sex in any education program or activity that receives federal funding. This applies broadly, covering K-12 schools, colleges, and universities across the country.
While many people associate Title IX with athletics or student protections, the law also applies to employment within these institutions. Any school or college that receives federal funding, which includes the vast majority of public and many private institutions, must comply with Title IX’s employment protections.
What Types of Employment Discrimination Does Title IX Address?
Title IX prohibits discrimination on the basis of sex in federally funded education programs and activities, including employment. Its employment protections address areas including:
- Sex-based discrimination: Covered institutions cannot discriminate against employees on the basis of sex in employment decisions such as hiring, promotion, compensation, job assignments, or termination.
- Pregnancy and related conditions: Title IX’s employment regulations contain protections involving pregnancy, childbirth, termination of pregnancy, and recovery from these conditions.
- Retaliation: Title IX also protects individuals from retaliation for exercising Title IX rights or participating in certain Title IX complaints or proceedings.
Employees may have additional protections under other federal employment laws. For example, Title VII of the Civil Rights Act prohibits employment discrimination based on sex, including discrimination based on sexual orientation or transgender status. Which law applies to a particular employee and which claims are available can depend on the employer, jurisdiction, and circumstances.
Which Employment Decisions Does Title IX Cover?
Title IX’s employment protections apply to nearly every stage of a school employee’s or college employee’s career. This includes:
- Hiring decisions and recruitment: Institutions cannot use sex, gender identity, or pregnancy status as a factor in hiring.
- Firing and termination: Employees cannot be dismissed based on a protected characteristic.
- Promotions and advancement opportunities: Career growth cannot be blocked or delayed due to discrimination.
- Pay and compensation equity: Employees performing similar work must be compensated fairly, regardless of sex or gender identity.
- Job assignments and work duties: Discriminatory task or role assignments are prohibited.
- Training and professional development: Access to growth opportunities must be equal.
- Benefits and workplace accommodations: Employees are entitled to fair treatment regarding benefits, including accommodations related to pregnancy.
How Does Title IX Protect Employees From Retaliation?
Retaliation protections are a core part of Title IX rights, and they exist to make sure employees can speak up without fear. According to Title IX of the Education Amendments of 1972, employees who report discrimination, file complaints, or participate in investigations are shielded from retaliatory action.
This protection extends to:
- Employees who file a Title IX complaint themselves.
- Employees involved in a Title IX investigation, either as a complainant or a respondent’s colleague.
- Witnesses who provide testimony or information during a Title IX case.
Examples of prohibited retaliation include demotion, termination, reduced hours, negative performance reviews issued in bad faith, exclusion from meetings or projects, and any other adverse action taken because someone participated in a Title IX process.
What Should You Do if You Experience Discrimination or Retaliation?
If you believe you have experienced discrimination or retaliation as a school employee or college employee, taking a few key steps can help protect your rights.
- Document incidents of discrimination or retaliation. Keep written records of dates, witnesses, and specific details.
- Report concerns to your school or college’s Title IX coordinator. Every federally funded institution is required to designate a coordinator to handle these complaints.
- Understand your institution’s complaint procedures. Familiarize yourself with the formal steps for filing and escalating a complaint.
Acting quickly and keeping thorough records can make a meaningful difference if you decide to pursue a formal complaint or legal action.
Frequently Asked QuestionsRemove featured image
What does Title IX cover for school and college employees?
Title IX covers employment decisions including hiring, firing, promotions, pay, job assignments, training, and benefits. It prohibits discrimination based on sex, sexual orientation, gender identity, and pregnancy status.
Who is protected from retaliation under Title IX?
Employees who file Title IX complaints, participate in investigations, or serve as witnesses in Title IX cases are protected from retaliation, including demotion, termination, or other adverse employment actions.
Does Title IX apply to private schools and colleges?
Title IX applies to any educational institution, public or private, that receives federal funding. Most colleges and universities, along with the majority of K-12 schools, fall under this requirement.
What should I do if I experience discrimination at my school or college job?
Document the incident, report it to your institution’s Title IX coordinator, and review your institution’s complaint procedures. Consider consulting a law firm like Barrett & Farahany for guidance.
Can I be retaliated against for reporting a Title IX violation?
No. Title IX specifically prohibits retaliation against employees who report discrimination or participate in related investigations, whether as a complainant or a witness.
Get Help Protecting Your Title IX Rights
Title IX rights exist to help school employees and college employees work in environments free from discrimination and retaliation. But knowing your rights is only half the equation. Taking action when those rights are violated is what makes the protections meaningful.
If you have experienced workplace discrimination or retaliation in a school or college setting, Barrett & Farahany can help you understand your options and pursue accountability. Contact Barrett & Farahany today to discuss your situation and learn how to protect your rights.
