Title IX Requires Consideration of Scheduling, Not Just Participation

Abstract:     
As we reflect upon the fortieth anniversary of one of the most impactful pieces of legislation ever enacted, a shift in its enforcement may be occurring. Title IX was first enacted as part of the Education Amendments of 1972, 20 U.S.C. § 1681(a), and was designed to remedy discrimination stemming from perpetuated stereotypes of women’s interests and abilities. At Congress’ direction, and through enforcement by the Office of Civil Rights (OCR), Title IX has become most applicable in the athletics context. See 34 C.F.R. § 106.41(a)-(c). Title IX has served its purpose. Prior to its enactment, less than 300,000 girls participated in high school athletics; now, that figure is approaching four million. Yet despite the law’s successes, disparate treatment persists, and criticism has shifted, at least partially, from the numbers game to issues of equality, and specifically, scheduling.

Number of Pages in PDF File: 2

working papers series