ERIC Number: ED169638
Record Type: Non-Journal
Publication Date: 1978
Reference Count: N/A
Recent Developments in Sex Discrimination Litigation.
McCarthy, Martha M.
This paper discusses sex discrimination as a judicial issue. Cases addressing differential treatment of men and women in the following areas are explored: student admissions practices, student athletic programs, employee pregnancy benefits and maternity leave policies, employee retirement benefits programs, and prerequisites to employment. Also discussed are jurisdictional issues under Title IX of the Education Amendments of 1972, which prohibits sex discrimination against participants in any educational program receiving federal financial assistance. The paper concludes that while judicial declarations adhere to the 'separate but equal' doctrine in sex discrimination cases, the degree of 'equality' required remains obscure. Standards used to evaluate the impartiality of treatment afforded the sexes seem to fluctuate according to judicial mood. Future outlooks seem to indicate the Supreme Court will continue to limit the scope of federal protections and thus force individuals to seek relief from discriminatory practices under state constitutional and statutory provisions. (Author/LB)
Descriptors: Admission Criteria, Athletics, Court Litigation, Elementary Secondary Education, Employment Qualifications, Equal Opportunities (Jobs), Higher Education, Leaves of Absence, Pregnancy, Retirement, Retirement Benefits, Sex Discrimination
Not available separately; See EA 011 530
Publication Type: Legal/Legislative/Regulatory Materials; Speeches/Meeting Papers
Education Level: N/A
Authoring Institution: National Organization on Legal Problems of Education, Topeka, KS.
Identifiers - Laws, Policies, & Programs: Education Amendments 1972; Title IX Education Amendments 1972