California Title IX Lawyer
When you think of discrimination based on gender, you may automatically think of employment situations. However, sex discrimination can also happen in the education field, even though it is explicitly illegal.
Title IX is the federal law that prohibits this discrimination. Under the law, nobody in the United States may be excluded from participation in an education program or face discrimination by any educational institution receiving federal financial assistance based on their gender.
Because most schools receive federal funding, Title IX applies to most schools. The U.S. Department of Education has given this law a broad scope that covers sexual harassment and sexual violence. Under Title IX, schools are legally required to respond to situations in which students are dealing with hostile educational environments. They must remedy the situation as quickly as possible. If they fail to do so, there is a lot at stake. This violation means a school could lose its federal funding.
Discrimination in the education field is not legal. A person should not face harassment or discrimination based on their gender. If you think you may have a valid claim, seek legal help from the California Title IX lawyers from The Garza Firm.
Requirements Under Title IX
Under Title IX, schools must send out a notice of nondiscrimination. While the notice does not necessarily have to specify that sexual harassment and violence are prohibited, it is recommended that it does, as any unclear messaging could qualify as a violation of Title IX. This notice should be easily accessible to the school community and placed in a student handbook or code of conduct. It is also recommended that schools publish this policy online and have hard copies available in various places across campus. There should be enough detail in the policy so that those in the community can clearly understand that sexual harassment and sexual violence are not allowed on the school campus for any reason.
Examples of Title IX Discrimination
Title IX discrimination includes the following:
- Sexual assault. This is one of the biggest issues on college campuses. Sexual assault is inherently linked to sex, since female students face sexual assault at a disproportionate rate.
- Sexual harassment. Sexual harassment may include bullying, sexist comments, or mistreatment of someone because of their gender. Sexual harassment can also include quid pro quo harassment where sexual favors are exchanged for opportunities.
- Discrimination in educational opportunities. An example of sex discrimination would be making a program or opportunity unavailable to some students because of their gender.
- Pregnancy discrimination. Discrimination based on a student’s pregnancy is illegal because pregnancy is inherent to female biology. This would therefore discriminate against women.
- LGBTQ discrimination. While it’s clear that a person should not be treated differently due to their sexual orientation, schools are still trying to figure out how to best deal with transgender, gender non-conforming, and non-binary students. This is especially true when it comes to restroom and locker use as well as athletics.
Contact The Garza Firm Today
Discrimination can happen in educational facilities, making it hard for students to get the education they deserve. If you have been affected, the California Title IX lawyers at The Garza Firm can advise you of the next steps. To schedule a consultation, fill out the online form or call (949) 570-8350.