From the Sidelines to the Courtroom: Girls' Coach Sues Under Title IX
Feature Story by civilrights.org staff - 12/8/2004
A lawyer for a girls' high school basketball coach urged the Supreme Court last week to protect those who face retaliation for protesting sex discrimination, in a case involving the enforcement of Title IX and similar civil rights laws.Former Solicitor General Walter Dellinger argued that Roderick Jackson, a teacher and coach who was fired from his coaching position at Ensley High School in Birmingham, Alabama for complaining about unequal treatment and access to service and facilities for his team, was entitled to sue to challenge the retaliation.
At Ensley High, only the boys' team could use the school's new gym; have access to ice for their injuries and other key services; and have the use of proceeds from concession and ticket sales from their games.
When Jackson protested these conditions to the school board, he was fired. But the Eleventh Circuit held that his suit could not proceed because Congress did not intend Title IX to address retaliation claims.
Title IX prohibits sex discrimination in federally funded programs.
Marcia Greenberger, co-president of the National Women's Law Center, which also represented Jackson, said in a statement, "If the Eleventh Circuit's ruling is allowed to stand, it will drastically undermine the effective enforcement of Title IX and other civil rights protections that have been in place for decades. This case is about justice and fairness. Whether our daughters and their daughters will have truly equal opportunities in our schools depends on its outcome."
The Bush administration has joined the case in support of Jackson.
