Education & Title IX

This article discusses peer hostile environment sexual harassment.  It examines the circuit court caselaw on the issue and the legislative history of Title IX, provides an overview of the Supreme Court precedent interpreting Title IX, outlines the Department of Education’s interpretation of Title IX’s requirements concerning peer hostile environment sexual harassment, and discusses analogous legal principles underlying the analysis of student-to-student hostile environment sexual harassment.

Some commentators have suggested that affirmative action programs that take race, national origin or gender into account should be eliminated entirely and replaced by affirmative action programs to aid the economically disadvantaged --i.e., anti-poverty or "need-based" remedies. Programs to eliminate poverty and enhance opportunities for the economically disadvantaged are critically needed. But affirmative action based on economic need cannot provide an adequate or workable substitute for programs aimed specifically at eliminating the past and present effects of discrimination based on race, national origin, or gender.