Document Type
Article
Publication Date
Spring 2019
Abstract
This Article examines the federal circuit split concerning whether Title VII of the Civil Rights Act of 1964 provides the exclusive remedy for employment discrimination claims in federally funded educational institutions, or whether Title IX of the Education Amendments of 1972 offers a parallel avenue for relief. While some circuits hold that Title VII preempts employment-based sex discrimination claims under Title IX—emphasizing Title VII’s comprehensive administrative scheme and damages limitations—others permit plaintiffs to proceed directly under Title IX, thereby avoiding administrative exhaustion requirements and statutory damages caps. Through a detailed analysis of statutory structure, Supreme Court precedent, and especially the legislative history surrounding the 1970 congressional hearings on sex discrimination in education, the Article argues that Congress intended Title IX to function as a parallel remedy. The author contends that Title IX was enacted not merely as a funding condition but as an additional enforcement mechanism designed to address pervasive employment discrimination against women in educational institutions, supplementing rather than supplanting Title VII.
Recommended Citation
Lynn Ridgeway Zehrt, Title IX and Title VII: Parallel Remedies in Combatting Sex Discrimination in Educational Employment, 102 Marq. L. Rev. 701 (Spring 2019).
