1. C H A P T E R 8
Gender Equity
Chapter ??

2. Chapter Objectives
After reading this chapter, you will know the following:
The various federal gender equity laws and how they apply to sport
The history of Title IX, how it has been interpreted, and how it is applied today
The definition of sexual harassment and how it is regulated in sport
The various types of employment discrimination laws

3. Underrepresentation
Women have always been and continue to be underrepresented in athletics
2011–2012 college athletics
195,657 women
257,690 men
2013–2014 high school athletics
3,267,664 girls
4,527,994 boys
(continued)

4. Underrepresentation (continued)
Yet there has been substantial growth in women’s participation since the passage of Title IX
College athletics
16,000 women in 1971
195,657 women in 2011–2012

5. Title IX of the Educational Amendments of 1972
“No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving federal financial assistance.”
Title IX applies if any department in a school receives federal funding; the law applies to the entire school.
(continued)

6. Title IX of the Educational Amendments of 1972 (continued)
In response to Grove City ruling, Congress passed the Civil Rights Restoration Act of 1987
Today, institutions receiving any form of federal assistance must be in compliance with Title IX

7. Grove City College v. Bell (1984)
Case dealing with the application of Title IX
One of the biggest setbacks for women since passage of Title IX in 1972
Court found that Title IX was applicable only to those parts of the institution that received federal funding; thus, athletics were excluded

8. Civil Rights Restoration Act of 1987
Legislation reversed the findings in Grove City College and applied Title IX institution- wide
Thus, if any part of an institution received federal funding, the entire institution was subject to the specifications in Title IX

9. Regulation and Enforcement
Department of Education 1975 regulations focus on equal opportunity
Program areas (i.e., equipment, locker rooms)
Effective accommodation of interests and abilities and selection of sports for both sexes
(continued)

10. Regulation and Enforcement (continued)
Equivalency in financial aid
1979 policy interpretation provides ways for schools to measure whether they comply with Title IX and the 1975 regulations
Part 1: Financial assistance
Part 2: Equality in program areas
Part 3: Effective accommodation

11. Three-Part Test Prong 1 Prong 2 Prong 3
Are participation opportunities for both sexes substantially proportionate?
This is a safe harbor if participation of underrepresented sex is substantially proportionate to other sex. If so, then stop here, because compliance is determined; if not . . .
Prong 2
Can the institution show a history and continuing practice of program expansion? If yes, stop here; if not . . .
Prong 3
Have the interests and abilities of the underrepresented sex been fully and effectively accommodated?
(continued)

12. Three-Part Test (continued)
Do not need to meet each prong
Any one prong of the three-part test, if met, demonstrates compliance with Title IX

13. Cohen v. Brown University (1992)
The university, needing to cut its budget, eliminated university funding for men’s golf and water polo and women’s gymnastics and volleyball
Brown challenged Cohen’s argument that women were interested enough in sport opportunities to offer a proportionate number of sport programs
Regarded as a victory for women because the First Circuit Court of Appeals took the position that Title IX meant that equal representation for women in sports had to be proportionate to the student body population

14. 1996 Clarification
Reiterated that three-part test is really three individual ways to comply with Title IX
Prong 1: substantial proportionality only an issue if there are enough athletes to sustain a team
Prong 2: to meet this, school must continuously expand opportunities in response to women’s interests
Prong 3: must effectively accommodate interests and abilities of admitted and enrolled students

15. Separate Teams Schools may sponsor teams for members of one sex
If selection is based on athletic skill
If sport is a contact sport
There is no contact sport exception
Contact sports, even if predominantly male, are still taken into account under prong 1

16. Cutting Teams
Cutting men’s teams is allowed under prong 1 of the three-part test
Done to bring number of male participants into substantial proportionality with number of female participants
Not favored: 2003 OCR further clarification
(continued)

17. Cutting Teams (continued)
Miami University Wrestling Club v. Miami University (2002)
1997 MU student population: 55% female students, 47% female student athletes
Men sued after university cut four men’s teams
Court dismissed their complaint because members of overrepresented sex (men) do not have a claim under the three-part test
(continued)

18. Cutting Teams (continued)
Equity in Athletics v. Department of Education (2011)
Fourth Circuit found that an advocacy group may have standing to sue the federal government because its members are former athletes and the universities made the cuts to male teams to comply with federal law
Could open the door for future Title IX litigation related to cuts made to men’s sports

19. Cutting Women’s Teams
Men from cut teams have never won a lawsuit against a school
Cutting of women’s teams is never allowed, because women tend to be the underrepresented sex
Existence of women’s team is evidence of interest and ability
(continued)

20. Cutting Women’s Teams (continued)
Roberts v. Colorado State Board of Agriculture (1993)
In response to disproportionate numbers of women participating, the university cut one women’s team and one men’s team
Women sued
Court ordered school to reinstate women’s team

21. Recent Guidance 2005 additional clarification
Allows for Internet surveys to show interests and abilities and meet third prong of three-part test
Counts nonresponse as lack of interest, but school must receive 85% response level to proceed

22. Disclosure of Information
Equity in Athletics Disclosure Act (1998)
Requires all universities that receive federal student aid and have athletic programs to disclose information related to financial aid, athletic revenues, and other resources
Information available to the public at

23. Title VII
Prohibits discrimination against any employee on the basis of sex in compensation and other benefits associated with employment
Plaintiff merely has to show some negative job action (for example, termination) that was taken on the basis of the employee’s sex

24. Employment Discrimination
In 1972, 90% of coaches for women’s teams were women
In 2014, only 43% were women

25. Equal Pay Act
Prohibits discrimination in wages between employees on the basis of sex for equal work on jobs that require equal skill, effort, and responsibility under similar working conditions
Equal work
Two jobs do not have to require identical skill, effort, and responsibility
The jobs must be substantially equal except for the fact that one employee is paid more even though he performs what is basically the same job

26. Sexual Harassment
Title IX covers sexual harassment in educational settings
Quid pro quo harassment involves sexual favors requested in exchange for benefits or educational or employment opportunity
Hostile environment interferes with ability to perform
(continued)

27. Sexual Harassment (continued)
2010 OCR letter
Made clear that schools must eliminate hostile environments to prevent reccurrence of harassment
Schools must provide clear notices prohibiting bullying and adopt clear grievance procedures

28. Risk Management Implications
Failure to comply with Title IX can be costly to institution:
Financial burdens
Image of institution
Satisfaction of participants
Coaches and administrators
Sexual harassment
Lawsuits involving EPA and Title VII