Fed Regulation 5- Title IX of Civil Rights Act Flashcards
1
Q
What classes are protected?
A
Sex based discrimination only in the context of education (Transgender, sexual orientation status)
2
Q
What else is required for the protection to apply?
A
School program or educational program receiving federal funding
3
Q
Who is obligated to comply with the protection?
A
Federally funded education programs
4
Q
Is there a private right of action?
A
There is, but whether you can enforce a private right of action on a disparate impact claim is unclear
5
Q
Can a private plaintiff bring a claim under a disparate impact theory?
A
Unclear - circuit split
6
Q
What test is for causation is showed?
A
We do not know. “On the Basis of Sex” but probably But For
