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TITLE IX COMPLAINANTS Lawyers

Dealing With Workplace Discrimination? Know Your Rights Under Title IX

Discrimination and harassment at work is never okay. But if you work at a school, college, or university, you have special protections under a federal law called Title IX.You’ve probably heard of Title IX mostly in relation to gender equality in sports. But Title IX also bans sex discrimination in employment at federally funded schools. This includes discrimination based on gender identity and sexual orientation too.So if you’ve faced unfair treatment at your education-related job, don’t suffer in silence. You may have a valid claim under Title IX. In this article, I’ll walk through exactly what Title IX covers, how it’s different from other discrimination laws, and what you can do if your rights have been violated.

What Types of Discrimination Are Prohibited?

Title IX forbids all kinds of sex and gender discrimination at schools, colleges, and universities that get federal money. This includes discrimination in:

• Hiring, firing, promotions, pay, benefits, training – basically anything related to employment
• Job assignments and structure
• Policies around leave and time off
• Layoffs
• Any other terms and conditions of employment

Specifically, it’s against the law for your employer to make decisions based on:

• Your sex or gender identity
• Gender stereotypes (like not being “masculine” or “feminine” enough)
• Being pregnant or a parent

In a nutshell, you can’t be treated worse just because you’re a certain sex or gender.

How Is This Different Than Other Discrimination Laws?

You’re probably familiar with Title VII of the Civil Rights Act, which also bans workplace discrimination. So how is Title IX different? Here are some key differences:

• Title IX is just for schools – It only applies to educational institutions, not all employers. Title VII has broader coverage.
• You can sue individuals under Title IX – If a supervisor or administrator discriminated against you, you can hold them personally liable. Title VII only allows suits against the organization.
• No damage caps – Title VII limits the amount you can recover, but Title IX does not.
• Longer deadlines – You generally have more time to file a Title IX complaint compared to Title VII.

So while Title VII is great, Title IX offers some extra protections that can really benefit employees of federally funded education programs.

When Does Title IX Apply?

For Title IX to come into play, a few things need to be true:

• You work for a school, college, or university that gets federal funds. This includes public, private, vocational, and graduate schools.
• You work in an education program or activity – as a teacher, counselor, coach, librarian, administrator, security guard, facilities, IT, etc.
• You faced discrimination or harassment based on sex or gender identity.

Title IX covers all employees – full time, part time, temporary, faculty, staff, and more. As long as you work for an educational institution that takes federal money, you’re protected.

Proving a Title IX Violation

To win a Title IX employment discrimination case, you need to show:

1. You work for a federally funded school
2. You suffered some negative action like firing, demotion, harassment, or policy violation
3. Your sex or gender was a factor in why you were treated unfairly

This is similar to a Title VII case. An experienced attorney can help you gather evidence to prove your claim.

Examples of Prohibited Discrimination

Some examples of illegal discrimination under Title IX include:

• Sexual harassment – like pressure for dates or favors, inappropriate touching, offensive comments or jokes, etc. Basically anything that creates a hostile environment.
• Pregnancy discrimination – Being fired for being pregnant or denied reasonable accommodations.
• LGBTQ discrimination – Mistreatment based on sexual orientation or gender identity. This is explicitly covered following the 2020 Supreme Court Bostock ruling.
• Retaliation – Being punished for filing a Title IX complaint or asserting your rights in some way.

These are just a few examples – discrimination can take many forms. If you’ve been treated unfavorably because of sex or gender, Title IX may apply.

Your Options If Your Rights Are Violated

If you’ve experienced discrimination under Title IX, here’s how you can fight back:

• File an internal complaint – Most schools have a Title IX office to investigate complaints. But the process may favor the school.
• Complain to the Office for Civil Rights – This federal agency can investigate and pull funding if Title IX violations are found.
• File a lawsuit – You can sue the school and any staff responsible for discrimination. This gets you money damages.

An attorney can review your situation and advise the best way to proceed. It’s important to act quickly, as you only have 180-300 days to sue under Title IX.

Finding the Right Lawyer

Discrimination cases can be complex, especially with large institutions. It’s crucial to have an assertive lawyer familiar with Title IX. Look for someone with:

• A track record of winning Title IX cases, especially employment lawsuits
• Deep knowledge of Title IX and education institution policies
• Experience in your state and federal circuit
• Willingness to take your case to trial if needed

Vet any lawyer thoroughly and don’t be afraid to ask lots of questions. You want someone who will fight aggressively on your behalf.

You Can Recover Monetary Damages

If you win your Title IX case, either in court or through settlement, the possible remedies include:

• Compensatory damages – Payment for emotional distress, lost wages, damage to your career, etc.
• Punitive damages – Money awarded to punish the school for egregious discrimination.
• Back pay and front pay – Compensation for lost past and future income.
• Reinstatement – Getting your job back with the same seniority.
• Attorneys’ fees – Reimbursement for all your legal costs.

The goal is to make you “whole” again by providing full compensation. An attorney can help maximize your recovery.

Deadlines for Filing a Lawsuit

It’s crucial to act fast if you want to sue under Title IX, because deadlines are short:

• Discrimination – 180-300 days from the discriminatory act
• Retaliation – 180 days from retaliation

The clock starts ticking from the date of harm. Talk to a lawyer immediately so you don’t miss your chance.

Overcoming Employer Defenses

If you sue, your employer will likely argue:

• You were fired for performance, not discrimination
• They made good faith Title IX efforts
• You failed to use their complaint process
• You missed the deadline

But an experienced attorney can overcome these defenses by showing evidence of pretext, timely legal action, and your employer’s liability. Don’t let the school off easy – make them accountable.

Real Life Examples

To understand how Title IX applies, look at these real cases:

• A female professor was excluded from decision-making and collaborations by her male peers – illegal gender discrimination.
• An athletic coach faced anti-gay harassment by the athletic director, creating a hostile work environment based on sexual orientation.
• A transgender librarian was fired for failure to conform to gender stereotypes – a Title IX violation.
• A pregnant counselor was denied certain job duties due to pregnancy – clear pregnancy discrimination.

Title IX provides strong protections if you’ve been discriminated against due to sex or gender. Don’t suffer mistreatment in silence.

Discrimination Is Unacceptable

Workplace discrimination causes real harm and is never okay. If you’ve experienced illegal treatment based on sex or gender identity, I encourage you to reach out to an attorney. Protect your rights under Title IX.With an assertive lawyer on your side, you can hold discriminatory employers accountable and recover the compensation you deserve. Justice is possible – you just have to take the first step!