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TITLE IX Employment and Retaliation.

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Presentation on theme: "TITLE IX Employment and Retaliation."— Presentation transcript:

1 TITLE IX Employment and Retaliation

2 Employment Title IX covers employment and how it impacts students ability to receive comparable treatment. Are men’s and women’s teams provided coaches of equivalent talent? OCR will review: Availability Assignment Compensation

3 Compensation Compensation complaints are generally fall under Title VII and or the Equal Pay ACT. 2 agencies that hand compensation reviews and complaints are: EEOC or state equivalent OFCCP (Office of Federal contract Compliance Programs)

4 Area of Potential Concerns or Coordinators
Hiring Practices and Processes Advertising Timelines Hiring Procedures. Position Descriptions Contracts initial and renewals Compensation justification

5 Cost of retaliation complaints include:
Damage to reputation Monetary costs Emotional cost

6 2 Title IX Supreme Court Cases
(There are many more) Franklin v. Gwinnett County Public Schools – in addition to injunctive relief and damages provided for reimbursement for fees and expenses Jackson v. Birmingham Board – established right of private action for retaliation under Title IX for advocates as well as students.

7 Recent Retaliation Cases
Fresno State University of California Berkeley San Diego State University Florida Gulf Coast university Ball State University Cal State Fullerton Central Connecticut State University Texas Southern University

8 Title IX Coordinator and Athletics
Title IX Q and A Questions and Answers Regarding Title IX Procedural Requirements The Title IX Coordinator and Athletics Compliance

9 AVOIDING CLAIMS Know Title IX Be incompliance with Title IX –
conduct regular self-evaluations share budget and EADA information Have appropriate and updated Polices and Procedures Manual Educate your staff and Athletics Department personnel Be sure the Student-Athlete Handbook includes information on Title IX and related university polices

10 Four Elements of Retaliation
Employee engaged in a protected activity Employer had knowledge of the employees protected activity Employee suffered an adverse action There was a casual link between the protected activity and the adverse action

11 Protected Activities Whistleblower
Complains about discrimination, inequities, harassment, etc. Assisting another individual in reporting violations Participates in an investigation Files formal complaint Other complaints

12 Retaliation Includes Threats, Intimidation, Reprisals and/or Adverse Actions Adverse Actions Include: Low or failing evaluations Demotion Counseling Discipline Lay-off Termination Reassignment

13 Red Flags Bias and inconsistency in treatment and/or enforcement of policies Not taking complaints seriously, delaying or failing to report and/or respond to complaints in a timely manner Sudden negative evaluations Flurry of hostile or mean spirited exchanges Inconsistent statements or changing stories Sloppy or over documentation

14 Steps to Minimize Lawsuits
Do be fair and impartial, avoid bias Do ask questions and listen Do be respectful Do be consistent Do be through and timely Do verify Don’t make assumptions Do document both good and bad Do track trends

15 My Keys to Success Information is power, get it and share it
Communication Common Sense Consistency

16 Contact Information Diane Milutinovich

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