|Feb. 16, 2019 | www.fisherphillips.com|
For the first time, a court used a civil rights law to hold a school district financially accountable in a case of student bullying. In the recent case of Cohen v. Philadelphia School District, the court awarded $500,000 to a transgender student because the school district failed to stop her from being bullied. What can you learn from this development?
With the seemingly ever-increasing propensity for America’s youth to resort to violence to resolve conflict—real or imagined—school administrators are collectively searching for guidance in preventing violence before it occurs. In response, the U.S. Secret Service National Threat Assessment Center (NTAC) recently release a valuable guide to assist school administrators in reducing the prevalence of targeted violence within their schools.
It goes without saying that federally funded educational institutions cannot discriminate on the basis of gender. Some federal courts believe Title IX is the proper statute upon which to base employment discrimination claims, while others believe Title VII of the Civil Rights Act of 1964 is the correct vehicle. Either way, there is no doubt that some form of remedy exists for such discrimination. In 2005, in fact, the U.S. Supreme Court held that a coach who suffers an adverse employment action for complaining about inequities in a women’s sports program can bring a Title IX claim for retaliation (Jackson v. Birmingham Board of Educ.).