kin353ExamIII - 8.11 Gender Equity: Opportunities = Prot....

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8.11 Gender Equity: Opportunities = Prot. Clause Strict scrutiny -necessary to accomplish a compelling state interest intermediate -anything not involving race/alienage/nationality --> gender mild -rationally related to a legitimate state interest Title IX -no race/age only gender -fed funding required -mainly sport but relevant in all edu Title IX enforcement -designated officer -office for civil rights of the US DoEd --> legal standing NOT required claims an email/letter/survey can overcome non-compliance -fed lawsuit Safe harbor -proportionality prong = met --> exemption from creating additional participation opps Proportionality -only thing school has control over Roberts vs. CSU -removal of fast-pitch softball team Trends -Title IX protecting discontinued men's teams -lack of $ NOT excusable 8.12 Gender Equity: Coaching & Admin -selection/hiring/compensation not based on gender Equal Pay Act (1963) -employer can't discriminate vs. employees based on sex -must prove diff. wages for substantially equal work Stanley v. USC (1994) -pr, promotions, years coaching = justification for diff. wages Male coaches $ > female -revenue generations NOT discrimination Sex discrimination -Dugan vs. Oregon State Univ. -Perdue vs. City Univ. Title VII of Civil Rights Act of 1964 -can't fail/refuse to hire or limit/segregate/classify employees based on race/color/reliion/sex/descent -defendant must: be subj. to provisions of statute, be entitled to protection, plaintiff not provided benefits of statute Prima Facie -on first examination/separate from the facts County of Washington vs. Gunther -Title 7 = only four defenses for wage discrim --> seniority, merit, quality of work, differential -can't use equal work standard Title IX of Edu Amendments (1972) -entire institutions/agencies covered by title IX Section 1983 of Civil Rights Act -provides a vehicle for obtaining a remedy for violations of other federally protected rights --> discrim. based on gender EEOC enforcement guidance -clarify commission's position on equal pay act & Title VII
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-guidelines on comparator(s) & job equality -responsibility differences --> are they justified? same opportunities for more responsibility? -can't pay a coach less than another if they're not afforded the ability to attain more responsibilit Trends -sex discrim. lawsuits from coaches of women's teams 8.13 Title VII of Civil Rights Act of 1964 -prohibits discrim in elections/housing/fed. funded programs/edu/employ/pub facilities/accomodations Scope -employers w/15+ employees working 20+ calendar weeks per year in interstate commerce Graves v. Women's Pro Rodeo Assoc. -male racer not allowed in --> they weren't his employer 8.21 Copyright and Patent Law Copyright -protects work of authors/creative persons -economically motivated law -held by the creator/who it was made for No copyright -small authorship -slogans, words, titles, names, calendars Phillips vs. Pembroke Real Estate -sculpture was supposed to be moved but it was created with the environment in mind
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kin353ExamIII - 8.11 Gender Equity: Opportunities = Prot....

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