Workplace Retaliation Guidance

 

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Executive Summary: Since Title IX passed in 1972, the number of women athletes in college sports has increased from 30,000 before Title IX to 193,000 today. What is not well known is that Title IX has not been so good for female coaches and administrators. When Title IX was passed, women coached 90 percent of women’s teams. Today, that figure has dropped to 43 percent.

There are a lot of reasons for this decline. As more money has gone into women’s sports, women’s coaching jobs have become more attractive for men coaches. In addition, the consolidation of men and women’s athletic departments has decreased the number of jobs in women’s college athletics.

A consequence of differential treatment in employment has resulted in a significant increase in the number of female coaches and administrators suing their universities for sex discrimination. This litigation has been fueled by a 2005 Supreme Court decision, Jackson vs. Birmingham Board of Education, which ruled that Title IX covers retaliation due to complaints over sex discrimination.

Since the Supreme Court decision, 37 female coaches and administrators have filed retaliation lawsuits against their universities. There are no limits on monetary damages under Title IX, and these lawsuits create significant legal expenses. Since 2005, LEAD1 schools have spent approximately $50 million in settlements, including one lawsuit that settled for $19 million.