Title IX Athletics Claims Litigation History

32 Pages Posted: 1 Nov 2008

See all articles by Elizabeth Peters

Elizabeth Peters

Washington University in St. Louis - School of Law

Abstract

This paper traces the history of Title IX, since its inception in 1972. In that time, Title IX has led to dramatic increases in athletic opportunities for women. This growth has been precipitated by the activism of Title IX proponents. Title IX survived early challenges from school boards and the NCAA. But Title IX enforcement efforts were stalled from 1984, when the Supreme Court issued its decision in Grove City College v. Bell, until 1988, when the Grove City College decision was overruled by Congress with the passage of the Civil Rights Restoration Act. Title IX athletics discrimination litigation took off at the college level in the early 1990s. The late 1990s saw a surge of Title IX athletics discrimination litigation at the high school level. In addition to litigation, Title IX proponents have filed numerous complaints with the Office for Civil Rights (OCR) and with individual educational institutions. Men have attempted to bring reverse discrimination claims of their own under Title IX, but none have been successful. The paper provides an appendix that lists Title IX litigation, including unpublished cases. This paper and other similar papers dealing with civil rights litigation are available through the Civil Rights Litigation Clearinghouse (search for case studies).

Keywords: Title IX, athletics, civil rights, discrimination

JEL Classification: I20, J7, K41

Suggested Citation

Peters, Elizabeth, Title IX Athletics Claims Litigation History. Washington U. School of Law Working Paper No. 1292489. Available at SSRN: https://ssrn.com/abstract=1292489 or http://dx.doi.org/10.2139/ssrn.1292489

Elizabeth Peters (Contact Author)

Washington University in St. Louis - School of Law ( email )

Campus Box 1120
St. Louis, MO 63130
United States

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