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 for personal injury actions. In D.C. this is three years.*

 

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

 

April 26, 2004 Dear Colleague Letter from OCR

This letter contains an excellent summary of a school's obligations under Title IX.

 

* See Bougher v. University of Pittsburgh (882 F. 2d 74  at 78 (3rd Cir. 1989)) where the court held as follows:

Although Congress did not provide a specific federal statute of limitations for claims under the Civil Rights Act, the Supreme Court has held that 42 U.S.C.A. § 1988 (West 1981) directs federal courts to "borrow" the state statute of limitations for the most analogous cause of action. See Wilson v. Garcia, 471 U.S. 261, 266-67, 85 L. Ed. 2d 254, 105 S. Ct. 1938 (1985). In analyzing section 1983 claims in particular, the Court determined that these claims are most analogous to common law tort actions because a section 1983 claim involves the deprivation of life, liberty, or property. Accordingly, the Court held that, as a matter of federal law, all section 1983 claims are subject to the state statute of limitations for personal injury actions. Id. at 280; Springfield Township School Dist. v. Knoll, 471  (emphasis added)

 

In the District of Columbia, the statute of limitiations for personal injury actions is three years. See DC Code 12-301.8.

 

 

 

Updated 9/13/04 to add Dear Colleague Letter

Updated 6/29/05 to add Record Keeping section