Jackson V. Birmingham Board Of Education

Jackson v. Birmingham Board of Education United States Supreme Court 544 U.S. 167 (2005) Key Search Terms: Sex discrimination, retaliation, discrimination, complaints of alleged discrimination

intentional

Facts Roderick Jackson, a physical education teacher and girls’ basketball coach, discovered that the girls’ basketball team he coached was not receiving equal access to athletic equipment, facilities, and funding. With notice of the situation, the school took no action to stop the discrimination and Jackson was removed from his position as basketball coach by the Board in May 2001. Jackson filed suit alleging that the Board violated Title IX by retaliating against him for voicing a complaint about the discriminatory treatment of the girls’ basketball team. The District Court granted the Board’s motion to dismiss because it decided that Title IX does not cover claims of retaliation. The Eleventh Circuit affirmed. Issue Whether Jackson’s claim was properly dismissed because Title IX does not encompass retaliation claims. Holding Retaliation falls with the intended scope of Title IX because retaliation claims meet the statutory definition of intentional discrimination. Retaliation is by definition an intentional act and that the act is a form of discrimination because the person voicing the complaint is subjected to differential treatment. Therefore, the Court concluded that when a person is retaliated against because he complains of sex discrimination, Title IX is violated because the act constitutes intentional sex discrimination. The Court stated that reporting incidents of discrimination is essential to give Title IX its full intended effect, and the enforcement goals of Title IX would be disrupted if the statute provided no punishment for individuals that retaliate against those who report incidents of sex discrimination. Teachers and coaches are often in the best position to advocate for students’ rights, and adult employees’ are often the only effective adversaries of discrimination in schools. The Court ruled that Jackson did allege sufficient facts to support a claim in his amended complaint, but did not address whether Jackson will ultimately prevail on the merits. The Court remanded the case. Summarized by: Reid Murtaugh