What Are the Differences Between Title VII and Title IX Cases?

Sex discrimination cases under Title IX and Title VII differ significantly in certain aspects. Title VII is from the Civil Rights Act of 1964. Title IX is a section of the Education Amendments of 1972. Claims under both laws could apply to sex discrimination that occurs in educational settings.

Title VII

Before an individual can bring a claim under Title VII, they must pursue administrative remedies. Administrative remedies include filing for discrimination with the EEOC (Equal Employment Opportunity Commission) and a right to sue letter issued by the EEOC.

Under Title VII the claimant must show one of two issues:

  • Supervisor participation in discriminatory conduct
  • The employer’s negligence in preventing discrimination of a coworker

Title VII claims also have a cap on the monetary amount in damages a claimant may seek.

Title IX

Title IX does not require that claimants pursue administrative remedies prior to filing a discrimination lawsuit. As a result, claims can exist that might otherwise be barred by shorter administrative statutes of limitations.

There are no caps on the monetary amount in damages a claimant may seek.

However, Title IX requires a higher burden of proof for discrimination than Title VII. The claimant must show “deliberate indifference” to discrimination on the part of the institution.

Claimants cannot sue individual school officials under either Title VII or Title IX. They must sue the institution. However, federal agencies can decide to no longer provide federal funding to the institution based on a Title IX violation.

(Reference: JDSupra)

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