Gender discrimination occurs when a person is treated unfavorably due to certain social behavior or nonconformance with gender roles. Under Title IX of the Education Amendments Act of 1972, gender discrimination in education includes not only traditional sex-based discrimination, discrimination due to sexual orientation and also sexual harassment and sexual assault violations.
What gender discrimination at schools may entail
- Students being called derogatory names due to sexual orientation.
- Students being treated differently due to not conforming to traditional feminine or masculine roles.
- Teachers telling students that they expect more or less of them because they’re a boy, girl, or non-binary person. For example, they may make comments that girls are not as good at math or sports as boys.
- Students experiencing unwelcome sexual advances or other verbal or physical harassment of a sexual nature.
When any form of injustice is suffered, obtaining an attorney quickly is critical to ensuring a positive case outcome. Sexual harassment attorneys from USAttorneys.com are available to assist with any matter that counts as discrimination under Title IX.
Schools must comply with Title IX
Title IX applies to both public and private educational institutions that receive federal funds. Recipient institutions must operate their programs or activities in a non-discriminatory way free of discrimination based on sex, including sexual orientation and gender identity.
To comply with Title 1X, institutions must meet certain tests, such as showing a history of expanding their programs and continuing to expand them for the underrepresented sex. This applies in many different areas, such as financial assistance, course offerings, counseling, student health insurance benefits, and physical education.
The education department’s Office of Civil Rights (OCR) provides educational institutions with information and guidance to assist them in voluntarily complying with the law.
Schools must create a safe learning environment
Under Title IX, gender discrimination includes sexual harassment. If an educational institution is deliberately indifferent to known acts of harassment in activities or programs, it may be held legally responsible and forced to pay monetary damages to victims.
A school is required to provide a safe learning environment for students, which includes creating one free from discrimination and harassment. Any offensive sexual remarks, unwelcome sexual advances or inappropriate sexual conduct can create a hostile environment and is prohibited by Title IX because it is gender-based and interferes with a student’s access to education. The OCR will evaluate, investigate, and resolve any complaints involving sexual harassment.
Schools must have reporting procedures in place
Under Title IX, discrimination on the basis of sex can include sexual assault and rape. To comply with the act, an education institution must educate staff and students about relevant topics, including counseling, consent, medical help etc.
The school must have reporting procedures in place so students know where to file their complaints. This information must be easy to access and the same for everyone. Schools should also designate a Title IX Coordinator who can adjudicate an assault or rape claim and make victims aware of supportive measures.
Schools must act quickly
Once an educational institution is aware of gender discrimination, it has to take quick steps to stop it, address any negative effects of it on students, and prevent it from happening again.
The institution’s policies should tell students what happens after they report sexual assault or rape and what “interim measures” are available so they feel safe during an investigation. Students can select an advisor to help guide and support them through the investigation process. This can be a family member, friend, social work, therapist, a legal advocate or attorney.