Section 5.14 Federal Statutes

• Library: School Law (2003 Ed. + 2016 Supp)

A. (§5.14) Federal Statutes

Congress has enacted a number of statutes outlawing discrimination in employment. The following is a list of those that impact public schools.

Title VII of the Civil Rights Act of 1964, Pub. L. No. 88-352, 78 Stat. 241, 42 U.S.C. §§ 2000e, et seq., prohibits discrimination in employment based on race, sex, color, religion, or national origin. Charges of discrimination are initially filed with and investigated by the Equal Employment Opportunity Commission, the Missouri Commission on Human Rights, or both. In 1978, Congress amended Title VII to provide that discrimination on the basis of pregnancy is unlawful. 42 U.S.C. § 2000e(k). Women who are pregnant must receive the same treatment as other applicants or employees on the basis of their ability or inability to work. Insurance, sick leave, the availability of extensions, accrual of benefits, and reinstatement rights must be the same for pregnant employees as for employees with other medical disabilities.

The Equal Pay Act of 1963, Pub. L. No. 88-38, 77 Stat. 56, 29 U.S.C. § 206(d), forbids discriminatory pay disparities based on sex when the work performed by women is substantially equal to that performed by men. Charges of discrimination are investigated by the Department of Labor.

Title IX of the Education Amendments of 1972, Pub. L. No. 92-318, 86 Stat. 235, 20 U.S.C. §§ 1681, et seq., provides that “[n]o 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). It has been held that Title IX extends to employment discrimination. North Haven Bd. of Educ. v. Bell,456 U.S. 512 (1982).

In Franklin v. Gwinnett County Public Schools, 503 U.S. 60 (1992), the United States Supreme Court held that compensatory and punitive damages are available to victims of gender discrimination under Title IX of the Education Amendments of 1972. In Franklin school officials investigated a student’s allegations that she had been sexually harassed by a teacher, but they took no action to halt the harassment. Furthermore, the officials discouraged the student from pressing charges against the teacher. The teacher resigned on the condition that all matters pending against him be dropped. The Court noted that back pay was inapplicable and that an injunction would provide no relief because the teacher had...