Published: September 2, 2004
On June 14, 2004, the Supreme Court agreed to hear an appeal of the U.S. Eleventh Circuit Court's decision in Jackson v. Birmingham Board of Education.
The Jackson case effectively raises the issue of whether indirect victims of Title IX claims (i.e. coaches, parents, administrators) can sue schools receiving federal funds for retaliation after bringing gender equity claims. In this case a male, high school girls' basketball coach, Roderick Jackson, was fired after bringing gender equity concerns to his supervisors. The Eleventh Circuit dismissed the case holding that the coach had no right to sue. The National Women's Law Center and attorneys from O'Melveny & Myers are handling the case.
The Women's Sports Foundation has recently submitted a lead amicus brief, authored by former Women's Sports Foundation president and current attorney, Nancy Hogshead-Makar, which can be downloaded below. The brief addresses the benefits of athletics for girls, the success of Title IX, and the need for protection of Title IX supporters.
Undoubtedly, the Jackson case will set precedent for Title IX retaliation cases at all levels of competition and the judicial process. The Supreme Court is expected to hear opening arguments on the case in December of 2004, with a decision expected by July of 2005. Stay tuned.