Who is Protected from Retaliation?
Crucial to the majority opinion in Jackson is its recognition that Title IX must be read to protect anyone from retaliation for complaining against discrimination — whether or not the person retaliated against is the same person who was targeted for the underlying discrimination. The lower court in Jackson had ruled that a coach could not claim whatever protection Title IX offered against retaliation because the coach was not among the class of persons who experienced the discrimination. The Court held, instead, that the coach was still, in the legal sense, a victim of sex discrimination. After all, the Court reasoned, the coach was punished because he complained about sex discrimination in particular. The discrimination, then, ended up affecting not only his players, but him as well. The Court’s ruling in this respect is extremely important. People who are not the primary targets of the discrimination are often in the best position to complain about it. Certainly in the school and un
Related Questions
- Who can file a Whistleblower Complaint? Can a citizen file a complaint about rates and be protected from retaliation by City employees?
- Is an employee who mistakenly reports unlawful conduct that turns out to be lawful still protected from retaliation?
- What types of acts are protected from Employer retaliation?
