An Examination of the Legal Framework between Title VII and Title IX Sexual Harassment Claims in Athletics and Sport Settings: Emerging Challenges for Athletics Personnel and Sport Managers

Abstract

Sexual harassment is a continuing concern for employers and administrators in the workplace and in educational institutions. When Congress enacted Title VII of the Civil Rights Act in 1964, one goal of this legislation was to eradicate sex discrimination in the workplace (42 U.S.C. § 2000e-2(a)(1)). Later, in 1972, Congress further acted to prevent sex discrimination in educational settings when it passed Title IX of the Education Amendments (20 U.S.C. § 1681 et seq., 2006). The concept of sexual harassment was adopted under Title VII from theories put forth by scholars in the late 1970s based upon documentation by journalists from that period (Farley, 1978; MacKinnon, 1979). By the end of the 1970s, courts had incorporated the concept of sexual harassment into Title VII in quid pro quo situations, which occurs when a subordinate's employment opportunities are conditioned on a sexual relationship with a superior (Barnes v. Costle, 1977; Miller v. Bank of America, 1979). In their reluctance to get involved in settling disputes between men and women, these early cases only recognized sexual harassment in the narrowly defined quid pro quo area.This paper will explore the differences between Title VII and Title IX sexual harassment claims and discuss several recent cases under Title IX that illuminate the limitations of Title IX as an effective and adequate agent for addressing sexual harassment in an academic environment involving athletes. The first section will briefly summarize current literature addressing the prevalence of sexual harassment in the United States. The next section will provide an overview of sexual harassment claims under both Title VII and Title IX with a particular emphasis on the differences between the claims and the rationale behind those differences. The final section will examine recent cases involving student athletes raising Title IX claims and discuss the conflicting outcomes in those cases and the limitations of the remedies available under Title IX to combat sexual harassment in athletic settings.