Teachers and the Law, 8 th Edition © 2011 Pearson Education, Inc. All rights reserved. Teachers and the Law, 8e by David Schimmel, Leslie R. Stellman, and Louis Fischer PowerPoint Presentation by Gerri Spinella, Ed. D

Teachers and the Law, 8 th Edition Schimmel, D., Stellman, L., Fischer, L. s © 2011 Pearson Education, Inc. All Rights Reserved Chapter 16 Are Teachers and Students Protected Against Sex Discrimination?

Teachers and the Law, 8 th Edition Schimmel, D., Stellman, L., Fischer, L. s © 2011 Pearson Education, Inc. All Rights Reserved Key Concepts Are Teachers and Students Protected against Sex Discrimination? Sex Discrimination against Teachers Sex Discrimination against Students

Teachers and the Law, 8 th Edition Schimmel, D., Stellman, L., Fischer, L. s © 2011 Pearson Education, Inc. All Rights Reserved Essential Question How have changes in public attitudes, together with important court rulings, led to a greater understanding of sex discrimination and sexual harassment in public schools?

Teachers and the Law, 8 th Edition Schimmel, D., Stellman, L., Fischer, L. s © 2011 Pearson Education, Inc. All Rights Reserved Key Terms FMLAPDA Civil Rights Act of 1964BFOQ Title VII of the Civil Rights Act of 1964 Contact v. Non-Contact Sports Equal Pay Act of 1963Title IX of The Education Amendments of 1972 Disparate TreatmentOCR Business NecessityERA Consent Decrees

Teachers and the Law, 8 th Edition Schimmel, D., Stellman, L., Fischer, L. s © 2011 Pearson Education, Inc. All Rights Reserved Employment Discrimination  Equal pay between genders and salaries is based upon the steps in a salary schedule.  Coaches are paid equally.  Burden of proof needs to be established for disparate treatment in pay.  Remedies are available under Title VII to victims of sex discrimination in employment and if school districts retaliate against employees who make claims of sex discrimination. Sex Discrimination against Teachers

Teachers and the Law, 8 th Edition Schimmel, D., Stellman, L., Fischer, L. s © 2011 Pearson Education, Inc. All Rights Reserved MARRIAGE AND PREGNANCY Maternity Leave Requirements Child Rearing Both Genders FMLA PDA No Dismissal For Getting Married Marriage & Pregnancy Disability & Benefits

Teachers and the Law, 8 th Edition Schimmel, D., Stellman, L., Fischer, L. s © 2011 Pearson Education, Inc. All Rights Reserved Sexual Harassment Definitions Sexual Harassment definitions include: unwelcome sexual advances. requests for sexual favors. verbal or physical conduct of a sexual nature Sex Discrimination against Students and Teachers

Teachers and the Law, 8 th Edition Schimmel, D., Stellman, L., Fischer, L. s © 2011 Pearson Education, Inc. All Rights Reserved Civil Rights Amendment Guidelines include verbal or physical conduct of a sexual nature when (1) submission to such conduct is made either explicitly or implicitly as a term or condition of one’s employment. (2) submission to or rejection of such conduct is used as a basis for employment decisions. (3) such conduct has the purpose or effect of substantially interfering with one’s work performance or creating an intimidating, hostile, or offensive work environment.

Teachers and the Law, 8 th Edition Schimmel, D., Stellman, L., Fischer, L. s © 2011 Pearson Education, Inc. All Rights Reserved Case Presentation Oncalev. Sundowner Offshore Services, Inc.

Teachers and the Law, 8 th Edition Schimmel, D., Stellman, L., Fischer, L. s © 2011 Pearson Education, Inc. All Rights Reserved Title IX prohibits sex discrimination: All aspects in school’s education program are included. Students who are victims of sexual harassment may sue for damages. Teachers may be found liable for violating student’s rights. Schools may be found liable if they are deliberately indifferent to peer harassment. Educational Amendment of 1972

Teachers and the Law, 8 th Edition Schimmel, D., Stellman, L., Fischer, L. s © 2011 Pearson Education, Inc. All Rights Reserved Case Presentation Nabozny v. Podlesny

Teachers and the Law, 8 th Edition Schimmel, D., Stellman, L., Fischer, L. s © 2011 Pearson Education, Inc. All Rights Reserved Sex Discrimination Against Students School Sports Equal Access for boys and girls Review applicable state laws and state Equal Rights amendments Title IX: No person in the United States shall on the basis of sex be excluded from participation, be denied the benefits of, or be subjected to discrimination under any education program or act or activity receiving federal financial assistance.

Teachers and the Law, 8 th Edition Schimmel, D., Stellman, L., Fischer, L. s © 2011 Pearson Education, Inc. All Rights Reserved Cases Franklin v. Gwinnett County Public Schools Gebser v. Lago Vista Independent School Board

Teachers and the Law, 8 th Edition Schimmel, D., Stellman, L., Fischer, L. s © 2011 Pearson Education, Inc. All Rights Reserved Initial Proceedings Complaint Facts of claim by plaintiff seeks Defendant Answers (30 days) or motion to dismiss Discovery Begins Step by Step In The Court System OUTCOME EDUCATIONAL IMPLICATION InterrogatoriesDepositions Document Requests Settlement Conference

Teachers and the Law, 8 th Edition Schimmel, D., Stellman, L., Fischer, L. s © 2011 Pearson Education, Inc. All Rights Reserved Chapter 16 Are Teachers and Students Protected against Sex Discrimination? Reflection How will current educators proactively respond to the continued vestiges of inequality and stereotyping through policy, governance, and actions in our schools?