Jackson v. Birmingham Board of Education

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Oral Argument
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Opinion Announcement
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Advocates
Kenneth L. Thomas (argued the cause for Respondent)
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)
Case Basics
Docket No.: 
02-1672
Petitioner: 
Roderick Jackson
Respondent: 
Birmingham Board of Education
Opinion: 
544 U.S. 167 (2005)

Cite this page
The Oyez Project, Jackson v. Birmingham Board of Education , 544 U.S. 167 (2005)
available at: (http://oyez.org/cases/2000-2009/2004/2004_02_1672)
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.

Decisions

Decision: 5 votes for Jackson, 4 vote(s) against
Legal provision: Education Amendments of 1972

Sort by Seniority

Voted with the majority
Stevens
Voted with the majority
Ginsburg
Voted with the majority
Souter
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