Workplace Bias Pleading May Change After Title IX Shift

Law360 (July 24, 2020, 6:03 PM EDT) -- Title IX of the Education Amendments prohibits gender discrimination in educational programs under federal law. Title VII of the Civil Rights Act prohibits gender discrimination in employment, in addition to other forms of discrimination.

Like its workplace counterpart, the statutory language of Title IX makes no mention of sexual harassment, yet both laws cover it. The two statutes have long been analyzed by similar, though not identical, metrics in terms of pleading and proof standards.

Recent analyses of both laws reflect a concern for protecting the rights of those accused of sexual misconduct in educational and work settings, and may have...

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