The Catholic University of America

Summary of Federal Laws

Employment

Equal Employment Opportunity

Title IX of Education Amendments of 1972

20 U.S.C. §§ 1681-1688; 34 C.F.R. § 106.1 et seq., 34 C.F.R. Parts 106.51-106.61

The Law: Prohibits employment discrimination based on gender by educational institutions receiving or benefiting from federal financial assistance.

Actions Necessary: Requires the adoption and publication of grievance procedures to resolve employee and student complaints, as well as the designation of a responsible employee to coordinate compliance. Notification of all students and employees of the name, address, and phone number of the responsible employee. See 34 C.F.R. § 106.8.

Record Keeping: Any grievance records relating to a Title IX violation or complaint must be be retained for the period of time cited in state law as Title IX does not contain a statute of limitations.

In the District of Columbia, the statute of limitations for personal injury actions is three years. See DC Code 12-301. However, the DC Human Rights Act (discrimination on the basis of gender) is 1 year.In some cases, such as the Penn State case involving children, the statute is tolled until the child reaches the age of majority.

 

Q&A

Q: Does an applicant who was denied admission to a graduate program have standing to file a complaint of discrimination through the institution's internal complaint process that is applicable only to complaints made by employees and students of the institution or is that person limited to file a complaint through state and/or federal agencies?

A. OCR's 504 regulation at 34 CFR 104.7, requiring schools to have grievance procedures, includes this: "Such procedures need not be established with respect to complaints from applicants for employment or from applicants for admission to postsecondary institutions." The Title IX regulation at 34 CFR 106.8 requires grievance procedures for the "resolution of student and employee complaints." The ADA regulations for Title II doesn't expressly include that limitation. OCR's Title VI regulations don't include a requirement for grievance procedures.

Resources

Handling the Title IX Employment Case: Litigation Overview (ABA content)

For cites to Title IX as it applies to students, see Non-Discrimination with Respect to Students.

 DOJ Title IX page 

Justia Title IX Legal Manual

updated 8-24-18 mlo