Employee Rights Under Title IX in New York State
Title IX protects educational institution employees from discrimination in all aspects of their employment, including:
- Recruitment & Hiring
- Salary
- Promotions
- Firing & Layoffs
- Job Assignments & Training
Under Title IX, no employee shall be the subject of discrimination or harassment in the workplace based on their sex, sexual orientation, gender identity, or pregnancy status. Title IX also protects employees from retaliation based on their involvement in a Title IX investigation.
Title IX Discrimination and Harassment
While Title IX discrimination and harassment can take many forms, the overarching theme is that the conduct in question interferes with a protected employee’s work performance or employment opportunities or creates a hostile work environment.
For example, Betty and Tina work in the same position at the same educational institution, and both have had glowing performance reviews. They are both up for promotion, but Tina is pregnant. Tina’s boss, Tim, has concerns about how she will balance the added responsibility of a promotion with her role as a new mother, so he gives the promotion to Betty. Tina’s employment opportunities have been infringed upon based on her protected sexual characteristics under Title IX, and she can launch a complaint with the school’s Title IX Office on the basis of sex discrimination.
Title IX Retaliation
Title IX retaliation takes place when an employee’s work environment is negatively impacted as a direct result of their involvement in a Title IX investigation. Title IX retaliation can happen in many forms, and it can happen not only to the accused and the accuser, but witnesses as well.
For instance, Tina submits her Title IX complaint to the school and lists her assistant Rita as a witness. If Rita’s status as a witness in a Title IX investigation causes her to be fired, demoted, or has an adverse impact on her employment in any way, Rita can launch a complaint with her employer (the school).
How Do Title IX Cases Work?
All Title IX investigations begin with a complaint to the Office of Civil Rights (OCR). Any time OCR receives a complaint based on a Title IX violation, it must investigate. A Title IX investigation begins with gathering the facts. In this phase of a Title IX investigation, interviews are conducted, and any relevant evidence is collected. Once the investigation is completed, a Title IX Hearing will take place. Title IX hearings are like court proceedings in that they involve the presentation of evidence and the examination of witnesses. However, instead of a judge or jury, a Title IX Hearing is presided over by the appointed Title IX Investigator. You have the right to legal representation by a New York State Title IX attorney, like the knowledgeable attorneys at Tully Rinckey, during all phases of a Title IX investigation and hearing.
2024 Title IX Updates
On August 1, 2024, the U.S. Department of Education’s Title IX Final Rule goes into effect. These extended provisions provide further clarity on existing Title IX regulations, as well as setting clear guidelines for Title IX grievance procedures and the processes Title IX coordinators must follow.
