Alexander v. Yale
Encyclopedia
Alexander v. Yale was the first use of Title IX
in charges of sexual harassment against an educational institution. It further established that sexual harassment of female students could be considered sex discrimination, and was thus illegal.
. All were Yale College
students between 1973 and 1980.
Alexander and Reifler alleged that they were sexually harassed by a flute teacher and hockey coach, respectively, and that Yale provided no procedure through which they could complain. Pamela Price alleged a classic case of what is now known as quid pro quo sexual harassment, when a course instructor offered to give her an ‘A’ if she complied with his sexual demands. Lisa Stone alleged that her discussions with a fellow female student who had been harassed and could not make a complaint distressed her and deprived her of the tranquil atmosphere necessary to her education. Ann Olivarius alleged that the absence of a procedure for complaining about sexual harassment forced her to expend her own time and money on helping fellow students who had been sexually harassed, and that in the course of providing that help she was threatened by individuals whom she was investigating, and that Yale failed to protect her from those individuals.
At the district court level, a male faculty member and Lisa Stone's thesis adviser, John Winkler, alleged that the poisoned atmosphere arising from sexual harassment made a good relationship with his students impossible. He did not join the other plaintiffs’ appeal.
The plaintiffs did not seek damages from Yale. Rather, they wanted the court to order Yale to set up a Grievance Procedure for students who felt they had been sexually harassed.
, who had just graduated from Yale Law School. MacKinnon was working on her groundbreaking book "Sexual Harassment of Working Women", and shared pre-publication copies with the Women’s Rights Litigation Clinic at Rutgers Law School, which represented Alexander and her co-plaintiffs. Alexander v. Yale was an early test of MacKinnon’s theory that sexual harassment constituted sex discrimination.
The plaintiffs argued that sexual harassment constituted sex discrimination and that Yale University was thus in contravention of Title IX, which stated that educational institutions receiving federal money could not discriminate on the basis of sex. The District Court upheld this legal view, ruling that, “It is perfectly reasonable to maintain that academic advancement conditioned upon submission to sexual demands constitutes sex discrimination in education.” The Court, however, found that Price had not been sexually propositioned in exchange for better grades. It dismissed the other plaintiffs’ allegations as either moot because they had graduated, or untenable.
The women appealed. The U.S. Court of Appeals upheld the judgment of the lower court, holding in addition that the allegations were no longer relevant because Yale had instituted a Grievance Procedure.
Equal Rights Advocates
(ERA) and Women Organized Against Sexual Harassment (WOASH) filed a joint friend-of-the-court brief when Alexander v Yale was appealed. Another amicus brief was filed jointly by the ACLU and others.
As a result of Alexander v. Yale most U.S. universities instituted grievance procedures for sexual harassment.
The case received media coverage in The New York Times
, Time
magazine and The Nation
, which contributed to the emerging concept of sexual harassment.
In 1986, the Supreme Court
ruled, in Meritor Savings Bank v. Vinson
, that a hostile work environment constituted sexual discrimination, vindicating another line of argument in Alexander v. Yale.
Three of the five plaintiffs – Ann Olivarius, Pamela Price and Ronni Alexander – have gone on to be prominent attorneys or law professors.
Title IX
Title IX of the Education Amendments of 1972 is a United States law, enacted on June 23, 1972, that amended Title IX of the Civil Rights Act of 1964. In 2002 it was renamed the Patsy T. Mink Equal Opportunity in Education Act, in honor of its principal author Congresswoman Mink, but is most...
in charges of sexual harassment against an educational institution. It further established that sexual harassment of female students could be considered sex discrimination, and was thus illegal.
Facts
The plaintiffs were Ronni Alexander, Margery Reifler, Pamela Price, Lisa Stone and Ann OlivariusAnn Olivarius
Ann Olivarius is an American-British lawyer.As an undergraduate at Yale, Olivarius helped bring forward the trailblazing case of Alexander v. Yale. While the other plaintiffs' cases related to direct sexual assault by various faculty members, Olivarius' case centered on Yale's failure to adequately...
. All were Yale College
Yale College
Yale College was the official name of Yale University from 1718 to 1887. The name now refers to the undergraduate part of the university. Each undergraduate student is assigned to one of 12 residential colleges.-Residential colleges:...
students between 1973 and 1980.
Alexander and Reifler alleged that they were sexually harassed by a flute teacher and hockey coach, respectively, and that Yale provided no procedure through which they could complain. Pamela Price alleged a classic case of what is now known as quid pro quo sexual harassment, when a course instructor offered to give her an ‘A’ if she complied with his sexual demands. Lisa Stone alleged that her discussions with a fellow female student who had been harassed and could not make a complaint distressed her and deprived her of the tranquil atmosphere necessary to her education. Ann Olivarius alleged that the absence of a procedure for complaining about sexual harassment forced her to expend her own time and money on helping fellow students who had been sexually harassed, and that in the course of providing that help she was threatened by individuals whom she was investigating, and that Yale failed to protect her from those individuals.
At the district court level, a male faculty member and Lisa Stone's thesis adviser, John Winkler, alleged that the poisoned atmosphere arising from sexual harassment made a good relationship with his students impossible. He did not join the other plaintiffs’ appeal.
The plaintiffs did not seek damages from Yale. Rather, they wanted the court to order Yale to set up a Grievance Procedure for students who felt they had been sexually harassed.
Decisions
The students were advised by Catharine MacKinnonCatharine MacKinnon
Catharine Alice MacKinnon is an American feminist, scholar, lawyer, teacher and activist.- Biography :MacKinnon was born in Minnesota. Her mother is Elizabeth Valentine Davis; her father, George E. MacKinnon was a lawyer, congressman , and judge on the U.S. Court of Appeals for the D.C. Circuit...
, who had just graduated from Yale Law School. MacKinnon was working on her groundbreaking book "Sexual Harassment of Working Women", and shared pre-publication copies with the Women’s Rights Litigation Clinic at Rutgers Law School, which represented Alexander and her co-plaintiffs. Alexander v. Yale was an early test of MacKinnon’s theory that sexual harassment constituted sex discrimination.
The plaintiffs argued that sexual harassment constituted sex discrimination and that Yale University was thus in contravention of Title IX, which stated that educational institutions receiving federal money could not discriminate on the basis of sex. The District Court upheld this legal view, ruling that, “It is perfectly reasonable to maintain that academic advancement conditioned upon submission to sexual demands constitutes sex discrimination in education.” The Court, however, found that Price had not been sexually propositioned in exchange for better grades. It dismissed the other plaintiffs’ allegations as either moot because they had graduated, or untenable.
The women appealed. The U.S. Court of Appeals upheld the judgment of the lower court, holding in addition that the allegations were no longer relevant because Yale had instituted a Grievance Procedure.
Equal Rights Advocates
Equal Rights Advocates
Equal Rights Advocates is a non-profit women's rights organization that was founded in 1974.ERA's stated mission is "to protect and secure equal rights and economic opportunities for women and girls through litigation and advocacy."...
(ERA) and Women Organized Against Sexual Harassment (WOASH) filed a joint friend-of-the-court brief when Alexander v Yale was appealed. Another amicus brief was filed jointly by the ACLU and others.
Impact
Although the women did not win their case, they achieved their objectives: Yale instituted a Grievance Procedure and a court held that sexual harassment constituted sex discrimination.As a result of Alexander v. Yale most U.S. universities instituted grievance procedures for sexual harassment.
The case received media coverage in The New York Times
The New York Times
The New York Times is an American daily newspaper founded and continuously published in New York City since 1851. The New York Times has won 106 Pulitzer Prizes, the most of any news organization...
, Time
Time (magazine)
Time is an American news magazine. A European edition is published from London. Time Europe covers the Middle East, Africa and, since 2003, Latin America. An Asian edition is based in Hong Kong...
magazine and The Nation
The Nation
The Nation is the oldest continuously published weekly magazine in the United States. The periodical, devoted to politics and culture, is self-described as "the flagship of the left." Founded on July 6, 1865, It is published by The Nation Company, L.P., at 33 Irving Place, New York City.The Nation...
, which contributed to the emerging concept of sexual harassment.
In 1986, the Supreme Court
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
ruled, in Meritor Savings Bank v. Vinson
Meritor Savings Bank v. Vinson
Meritor Savings Bank v. Vinson, 477 U.S. 57 , marked the United States Supreme Court's recognition of certain forms of sexual harassment as a violation of Civil Rights Act of 1964 Title VII, and established the standards for analyzing whether conduct was unlawful and when an employer would be...
, that a hostile work environment constituted sexual discrimination, vindicating another line of argument in Alexander v. Yale.
Three of the five plaintiffs – Ann Olivarius, Pamela Price and Ronni Alexander – have gone on to be prominent attorneys or law professors.
See also
- Sexual harassment in educationSexual harassment in educationSexual harassment in education in the United States is an unwelcome behavior of a sexual nature that interferes with a American's student’s ability to learn, study, work or participate in school activities. It is common in middle and high schools in the United States. Sexual or gender harassment ...
- Hostile environment sexual harassmentHostile environment sexual harassmentIn employment law, hostile environment sexual harassment refers to a situation where employees in a workplace are subject to a pattern of exposure to unwanted sexual behavior from persons other than an employee's direct supervisor where supervisors or managers take no steps to discourage or...
- Feminist legal theoryFeminist legal theoryFeminist legal theory is based on the belief that the law has been instrumental in women's historical subordination. The project of feminist legal theory is twofold. First, feminist jurisprudence seeks to explain ways in which the law played a role in women's former subordinate status...