Jackson v. Birmingham Board of Education

544 U.S. 167, 125 S. Ct. 1497, 161 L. Ed. 2d 361, 2005 U.S. LEXIS 2928
Supreme Court of the United States·Decided March 29, 2005·No. 02-1672·Published·Cited by 693 cases

Opinions

[171]*171Justice O’Connor

delivered the opinion of the Court.

Roderick Jackson, a teacher in the Birmingham, Alabama, public schools, brought suit against the Birmingham Board of Education (Board) alleging that the Board retaliated against him because he had complained about sex discrimination in the high school’s athletic program. Jackson claimed that the Board’s retaliation violated Title IX of the Education Amendments of 1972, Pub. L. 92-318, 86 Stat. 373, as amended, 20 U. S. C. § 1681 et seq. The District Court dismissed Jackson’s complaint on the ground that Title IX does not prohibit retaliation, and the Court of Appeals for the Eleventh Circuit affirmed. 309 F. 3d 1333 (2002). We consider here whether the private right of action implied by Title IX encompasses claims of retaliation. We hold that it does where the funding recipient retaliates against an individual because he has complained about sex discrimination.

I

Because Jackson’s Title IX claim was dismissed under Federal Rule of Civil Procedure 12(b)(6) for failure to state a claim upon which relief can be granted, “we must assume the truth of the material facts as alleged in the complaint.” Summit Health, Ltd. v. Pinhas, 500 U. S. 322, 325 (1991).

According to the complaint, Jackson has been an employee of the Birmingham school district for over 10 years. In 1993, the Board hired Jackson to serve as a physical education teacher and girls’ basketball coach. Jackson was transferred to Ensley High School in August 1999. At Ensley, he discovered that the girls’ team was not receiving equal funding and equal access to athletic equipment and facilities. The lack of adequate funding, equipment, and facilities made it difficult for Jackson to do his job as the team’s coach.

In December 2000, Jackson began complaining to his supervisors about the unequal treatment of the girls’ basketball team, but to no avail. Jackson’s complaints went unanswered, and the school failed to remedy the situation. In[172]*172stead, Jackson began to receive negative work evaluations and ultimately was removed as the girls’ coach in May 2001. Jackson is still employed by the Board as a teacher, but he no longer receives supplemental pay for coaching.

After the Board terminated Jackson’s coaching duties, he filed suit in the United States District Court for the Northern District of Alabama. He alleged, among other things, that the Board violated Title IX by retaliating against him for protesting the discrimination against the girls’ basketball team. Amended Complaint 2-3, App. 10-11. The Board moved to dismiss on the ground that Title IX’s private cause of action does not include claims of retaliation. The District Court granted the motion to dismiss.

The Court of Appeals for the Eleventh Circuit affirmed. 309 F. 3d 1333 (2002). It assumed, for purposes of the appeal, that the Board retaliated against Jackson for complaining about Title IX violations. It then held that Jackson’s suit failed to state a claim because Title IX does not provide a private right of action for retaliation, reasoning that “[n]othing in the text indicates any congressional concern with retaliation that might be visited on those who complain of Title IX violations.” Id., at 1344. Relying on our decision in Alexander v. Sandoval, 532 U. S. 275 (2001), the Court of Appeals also concluded that a Department of Education regulation expressly prohibiting retaliation does not create a private cause of action for retaliation: “Because Congress has not created a right through Title IX to redress harms resulting from retaliation, [the regulation] may not be read to create one either.” 309 F. 3d, at 1346. Finally, the court held that, even if Title IX prohibits retaliation, Jackson would not be entitled to relief because he is not within the class of persons protected by the statute.

We granted certiorari, 542 U. S. 903 (2004), to resolve a conflict in the Circuits over whether Title IX’s private right of action encompasses claims of retaliation for complaints about sex discrimination. Compare Lowrey v. Texas A & M [173]*173Univ. System, 117 F. 3d 242, 252 (CA5 1997) (“[Tjitle IX affords an implied cause of action for retaliation”); Preston v. Virginia ex rel. New River Community College, 31 F. 3d 203, 206 (CA4 1994) (same), with the case below, supra.

II

A

Title IX prohibits sex discrimination by recipients of federal education funding. The statute provides that “[n]o person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance.” 20 U. S. C. § 1681(a). More than 25 years ago, in Cannon v. University of Chicago, 441 U. S. 677, 690-693 (1979), we held that Title IX implies a private right of action to enforce its prohibition on intentional sex discrimination. In subsequent cases, we have defined the contours of that right of action. In Franklin v. Gwinnett County Public Schools, 503 U. S. 60 (1992), we held that it authorizes private parties to seek monetary damages for intentional violations of Title IX. We have also held that the private right of action encompasses intentional sex discrimination in the form of a recipient’s deliberate indifference to a teacher’s sexual harassment of a student, Gebser v. Lago Vista Independent School Dist., 524 U. S. 274, 290-291 (1998), or to sexual harassment of a student by another student, Davis v. Monroe County Bd. of Ed., 526 U. S. 629, 642 (1999).

In all of these cases, we relied on the text of Title IX, which, subject to a list of narrow exceptions not at issue here, broadly prohibits a funding recipient from subjecting any person to “discrimination” “on the basis of sex.” 20 U. S. C. § 1681. Retaliation against a person because that person has complained of sex discrimination is another form of intentional sex discrimination encompassed by Title IX’s private cause of action. Retaliation is, by definition, an in[174]*174tentional act. It is a form of “discrimination” because the complainant is being subjected to differential treatment. See generally Olmstead v. L. C., 527 U. S. 581, 614 (1999) (Kennedy, J., concurring in judgment) (the “normal definition of discrimination” is “differential treatment”); see also Newport News Shipbuilding & Dry Dock Co. v. EEOC, 462 U. S. 669, 682, n. 22 (1983) (discrimination means “less favorable” treatment).

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Jackson v. Birmingham Board of Education, 544 U.S. 167, 125 S. Ct. 1497, 161 L. Ed. 2d 361, 2005 U.S. LEXIS 2928 (2005).

544 U.S. 167 (Jackson v. Birmingham Board of Education) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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