Jackson v. Birmingham Board of Education
Encyclopedia
Jackson v. Birmingham Board of Education, 544 U.S. 167
(2005), is a case in which the United States Supreme Court held that retaliation against a person because that person has complained of sex discrimination is a form of intentional sex discrimination encompassed by Title IX
.
, public school system, brought suit against the Birmingham Board of Education alleging that the board retaliated against him because he complained about sex discrimination at Ensley High School
. Jackson, who had taught for six years prior in the Birmingham school district, was transferred to Ensley High School in August 1999 as a physical education teacher and girl's basketball coach. Jackson discovered that Ensley High School did not provide equal funding and access to athletic equipment and facilities for the girls' teams. In December 2000, Jackson began complaining of the unequal treatment, and began receiving negative evaluations. Jackson was removed as the girls' basketball coach in May 2001.
The United States District Court
for the Northern District of Alabama dismissed Jackson's claims on the grounds that Title IX's private right of action does not include claims of retaliation. The Court of Appeals
for the Eleventh Circuit affirmed the district court holding that Title IX does not provide a private right of action for retaliation.
writing for a bare majority held that retaliation against individuals because they complain of sex discrimination is intentional conduct that violates the terms of Title IX. O'Connor analogized the case to Sullivan v. Little Hunting Park, Inc., 396 U.S. 229 (1969), which held that 42 U.S.C. § 1982 provided a cause of action for retaliation for advocacy for African Americans. Because Sullivan interpreted a general prohibition on racial discrimination to cover retaliation against those who advocate the rights of groups protected by that prohibition, so to should Title IX be read to prohibit retaliation for advocacy on behalf of those subjected to sex discrimination.
authored a dissent joined by Chief Justice Rehnquist, Justice Scalia, and Justice Kennedy. Thomas argued that retaliatory conduct is not discrimination on the basis of sex under the plain terms of Title IX.
Case citation
Case citation is the system used in many countries to identify the decisions in past court cases, either in special series of books called reporters or law reports, or in a 'neutral' form which will identify a decision wherever it was reported...
(2005), is a case in which the United States Supreme Court held that retaliation against a person because that person has complained of sex discrimination is a form of intentional sex discrimination encompassed by Title IX
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...
.
Background
Roderick Jackson, a teacher in the Birmingham, AlabamaBirmingham, Alabama
Birmingham is the largest city in Alabama. The city is the county seat of Jefferson County. According to the 2010 United States Census, Birmingham had a population of 212,237. The Birmingham-Hoover Metropolitan Area, in estimate by the U.S...
, public school system, brought suit against the Birmingham Board of Education alleging that the board retaliated against him because he complained about sex discrimination at Ensley High School
Ensley High School
Ensley High School, located in the Ensley neighborhood of Birmingham, Alabama , was founded in 1901 to serve the then-independent community of Ensley, which was centered around major plants operated by U.S. Steel and the American Cast Iron Pipe Company. It began with classes held at the Old Bush...
. Jackson, who had taught for six years prior in the Birmingham school district, was transferred to Ensley High School in August 1999 as a physical education teacher and girl's basketball coach. Jackson discovered that Ensley High School did not provide equal funding and access to athletic equipment and facilities for the girls' teams. In December 2000, Jackson began complaining of the unequal treatment, and began receiving negative evaluations. Jackson was removed as the girls' basketball coach in May 2001.
The United States District Court
United States district court
The United States district courts are the general trial courts of the United States federal court system. Both civil and criminal cases are filed in the district court, which is a court of law, equity, and admiralty. There is a United States bankruptcy court associated with each United States...
for the Northern District of Alabama dismissed Jackson's claims on the grounds that Title IX's private right of action does not include claims of retaliation. The Court of Appeals
Court of Appeals
A court of appeals is an appellate court generally.Court of Appeals may refer to:*Military Court of Appeals *Corte d'Assise d'Appello *Philippine Court of Appeals*High Court of Appeals of Turkey*United States courts of appeals...
for the Eleventh Circuit affirmed the district court holding that Title IX does not provide a private right of action for retaliation.
Opinion of the Court
Justice Sandra Day O'ConnorSandra Day O'Connor
Sandra Day O'Connor is an American jurist who was the first female member of the Supreme Court of the United States. She served as an Associate Justice from 1981 until her retirement from the Court in 2006. O'Connor was appointed by President Ronald Reagan in 1981...
writing for a bare majority held that retaliation against individuals because they complain of sex discrimination is intentional conduct that violates the terms of Title IX. O'Connor analogized the case to Sullivan v. Little Hunting Park, Inc., 396 U.S. 229 (1969), which held that 42 U.S.C. § 1982 provided a cause of action for retaliation for advocacy for African Americans. Because Sullivan interpreted a general prohibition on racial discrimination to cover retaliation against those who advocate the rights of groups protected by that prohibition, so to should Title IX be read to prohibit retaliation for advocacy on behalf of those subjected to sex discrimination.
Dissent
Justice Clarence ThomasClarence Thomas
Clarence Thomas is an Associate Justice of the Supreme Court of the United States. Succeeding Thurgood Marshall, Thomas is the second African American to serve on the Court....
authored a dissent joined by Chief Justice Rehnquist, Justice Scalia, and Justice Kennedy. Thomas argued that retaliatory conduct is not discrimination on the basis of sex under the plain terms of Title IX.
See also
External links
- Jackson v. Board of Education at oyez.com http://oyez.com/cases/2000-2009/2004/2004_02_1672
- Jackson v. Board of Education at Legal Information Institute http://www.law.cornell.edu/supct/html/02-1672.ZO.html