Sex Discrimination Sarah Bell Pages 268-272. Fuhr v. School District of the City of Hazel Park Did not hire woman to coach boy’s varsity basketball Court.

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Presentation transcript:

Sex Discrimination Sarah Bell Pages

Fuhr v. School District of the City of Hazel Park Did not hire woman to coach boy’s varsity basketball Court of Appeals, sixth circuit Hired John Barnett- boys freshman coach- 2 yrs. Fuhr  Girls varsity basketball coach- 10 yrs.  Boys jv and assistant varsity coach- 8 yrs.

Basketball Coach and Athletic Director Boy’s varsity coach and athletic director retired in same year (both supported Fuhr) Barnett and Fuhr only two who applied for basketball coach position Only men on committee (neither coach or director invited)

Testimony Previous Coach- district athletic director did not want him to participate District a.d. denies that received any formal endorsement

Interview Superintendent made final decision Fuhr interviewed second Superintendent left during interview and never returned Community members expressed complaints about Fuhr coaching two varsity sports in succession  Superintendent had to comply with school board members- board president backed story  Stated- concerned about female being boy’s head basketball coach

Filing suit Requested compensatory, punitive damages, and lost wages Decision- Fuhr’s favor  $245,000- present damages  $210,000- future damages Name Fuhr boy’s varsity basketball coach Denied Hazel Park’s request for new trial

Ultimate question Relevance- not about increase in pay over female position, but over jv position? Fuhr presented evidence of gender issues President of school board testified about concern of female coach male team Principal confirmed to Fuhr after hiring Barnett

Notes Title VII and Title IX different Title VII  Sexual harassment on the job Title IX  Prohibits unequal treatment with respect to “conditions of employment”  Courts construed “conditions” to include insulting and degrading

Clark County School District v. Breeden Male supervisor read comment from psychological report of job applicant  Applicant had once told a coworker “I hear making love to you is like making love to the Grand Canyon”  Did not understand and another said he was explain it later-both men chuckled Female administrator present and filed complaint

Court Decision “simple teasing, offhand comments, and isolated incidents (unless extremely serious) will not amount to discriminatory changes in the ‘terms and conditions of employment.’”

Grove City College v. Bell (1984) Title IX does not apply to private institutions as a whole  Only portions that receive federal funding  Program specific Civil Rights Restoration Act of 1987  Designed to overturn Grove City College  If one part of entity receives federal funds, whole entity covered

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