Jackson v. Birmingham
Jackson, while employed as a high school girl’s basketball coach, complained about school policies that he believed discriminated against his team in violation of Title IX, the federal legislation intended to ensure sexual equality in school programs. Thereafter, the Board of Education relieved Jackson of his coaching duties. Jackson sued the Board, claiming that it had unlawfully retaliated against him for his allegations. Jackson conceded that Title IX did not expressly provide a remedy for those who are not victims of discrimination themselves, but argued that such a remedy was implied by congressional intent and enforcement regulations created by the Department of Education, forbidding retaliation for complaints. The district court dismissed Jackson’s suit. The Eleventh Circuit Court of Appeals affirmed, holding that even if the school board had retaliated against Jackson, Title IX provided no remedy through a private lawsuit based on retaliation for claims of discrimination against others.
Question Presented:
Whether the private right of action for violations of Title IX of the Education Amendments of 1972, 20 U.S.C. ยงยง 1681 et seq., encompasses redress for retaliation for complaints about unlawful sex
discrimination.
