1. Teachers and The Law 7 th Chapter 15 Are Teachers and Students Protected against Sex Discrimination? Fischer, Schimmel, Stellman PowerPoint Presentation Gerri Spinella Ed.D. Elizabeth McDonald Ed.D. This multimedia product and its contents are protected under copyright law. The following are prohibited by law: any public performance or display, including transmission of any image over a network; preparation of any derivative work, including the extraction, in whole or in part, of my images; any rental, lease, or lending of the program.

2. Copyright © Allyn & Bacon 2007 Key Concepts Are Teachers and Students Protected against Sex Discrimination? Sex Discrimination against Teachers Sex Discrimination against Students

3. Copyright © Allyn & Bacon 2007 Chapter 15 Are Teachers and Students Protected against Sex Discrimination? Essential Question How have changes in public attitudes, together with important court rulings and an expansive reading by the U.S. Supreme Court of Title IX of the Education Amendments of 1972, led to greater sensitivity to sex discrimination and sexual harassment in public schools?

4. Copyright © Allyn & Bacon 2007 KEY TERMS- Chapter 15 KEY TERMS- Chapter 15 FMLA (328-329)PDA (338) Civil Rights Act of 1964 (334)BFOQ (338) Title VII of the Civil Rights Act of 1964 (334) Contact v. Non-Contact Sports (342) Equal Pay Act of 1963 (334)Title IX of The Education Amendments of 1972 (343) Disparate Treatment (336)OCR (344) Business Necessity (336)ERA (345) Consent Decrees (337)

5. Copyright © Allyn & Bacon 2007 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

6. Copyright © Allyn & Bacon 2007 Disability & Benefits FMLA PDA MARRIAGE AND PREGNANCY

7. Copyright © Allyn & Bacon 2007 Case Presentation Nabozny v. Podlesny

8. Copyright © Allyn & Bacon 2007 Sexual Harassment Definitions Sexual Harassment definitions include: unwelcome sexual advances. requests for sexual favors. verbal or physical conduct of a sexual nature when –submission to such conduct is made either explicitly or implicitly a term or condition of one’s employment. –submission to or rejection of such conduct is used as a basis for employment decisions. –conduct has the purpose or effect of substantially interfering with one’s work performance or creating an intimidating, hostile, or offensive work environment. Sex Discrimination against Students and Teachers

9. Copyright © Allyn & Bacon 2007 Case Presentation Oncale v. Sundowner Offshore Services, Inc.

10. Copyright © Allyn & Bacon 2007 Sex Discrimination Against Students School Sports Equal Access for boys and girls 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.” (342)

11. Copyright © Allyn & Bacon 2007 Title IX prohibits sex discrimination in: –all aspects of a school’s education program. –Students who are victims of sexual harassment may sued for damages. –Teachers may be found liable for violating a student’s rights. –Schools may be found liable if students engage in sexual harassment against other students. Educational Amendment of 1972

12. Copyright © Allyn & Bacon 2007 Cases Franklin v. Gwinnett County Public Schools Gebser v. Lago Vista Independent School Board

13. Copyright © Allyn & Bacon 2007 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 Interrogatories Depositions Document Requests Settlement Conference

14. Copyright © Allyn & Bacon 2007 Unclear Court Rulings What is the legal meaning of Equal Rights Amendments? Can public schools can provide separate schools for boys and girls? Can schools compel students to attend sex-segregated schools? Can married students be excluded from extracurricular activities?

15. Copyright © Allyn & Bacon 2007 Chapter 15 Are Teachers and Students Protected against Sex Discrimination? Reflection In what ways would current educators respond to this statement? “In general, although some vestiges of inequality and stereotyping remain as a function of tradition and habit, significant strides have been made in recent years toward the eradication of sex discrimination in the public schools.” (School Law, 353)