The Oyez Project Virtual Tour of the Supreme Court Building

Abstract

Granted: Monday, June 14, 2004
Argument: Tuesday, November 30, 2004
Decision: Tuesday, March 29, 2005
Issues: Civil Rights, Sex Discrimination

Advocates

Walter E. Dellinger, III (argued the cause for Petitioner)
Irving L. Gornstein (argued the cause for Petitioner, on behalf of the United States, as amicus curiae)
Kenneth L. Thomas (argued the cause for Respondent)

Facts of the Case

Roderick Jackson, a high school basketball coach, claimed he was fired for complaining that the girls' basketball team he coached was denied equal treatment by the school. Jackson sued the Birmingham Board of Education in federal court, claiming his firing violated Title IX of the Education Amendments of 1972. Title IX bans sex discrimination in federally-funded schools. Jackson claimed Title IX gave him the right to sue - a "private right of action" - because he suffered for reporting sex discrimination against others, despite the fact the he did not suffer from sex discrimination. The federal district court and appellate court ruled against Jackson.

Question

Does Title IX of the Education Amendments of 1972 allow suits for retaliation for complaints about unlawful sex discrimination?

Conclusion

Yes. In a 5-4 opinion delivered by Justice Sandra Day O'Connor, the Court held that Title IX allowed suits alleging retaliation for reporting sex discrimination. Such retaliation, the majority reasoned, constituted intentional discrimination on the basis of sex in violation of Title IX. Jackson therefore had the right under Title IX to pursue his claim in court.

Supreme Court Justice Opinions and Votes (by Ideology)

Sort by Seniority
(More information here)
Decision: 5 votes for Jackson, 4 vote(s) against
Legal Provision: Education Amendments of 1972
Voted with the majority
Stevens
Voted with the majority
Souter
Voted with the majority
Ginsburg
Voted with the majority
Breyer
Wrote the majority opinion
O'Connor
Voted with the minority, joined Thomas' dissent
Kennedy
Voted with the minority, joined Thomas' dissent
Rehnquist
Voted with the minority, joined Thomas' dissent
Scalia
Wrote a dissent
Thomas
Full Opinion by Justice Sandra Day O'Connor

Cite this page

The Oyez Project, Jackson v. Birmingham Board of Education, 544 U.S. 167 (2005),
available at: <http://www.oyez.org/cases/2000-2009/2004/2004_02_1672/>
(last visited ).