SCOTUS gets one right

[drwex]

In a unanimous decision, on a case called Fitzgerald v. Barnstable School Committee, the Court has ruled that students in schools who are sexually harrassed can sue under both Title IX, which specifically bans discrimination in entities like schools that get Federal funds, as well as under Section 1983, a more broad law banning discrimination as a violation of the Constitutions equal-protection clause.

Different laws have different interpretations, case precedents, and rules for who has standing to sue under them. By reversing, and permitting suits under both laws, SCOTUS has given victims of sexual harassment more opportunity to make their case in court. In addition, the laws in question here have different remedies available and including Section 1983 means that individuals may be sued as well as official entities.

Of course "making a case in court" is not a guarantee of a win, but it's a definite step in the right direction.

(Oh, and they refused cert for Mukasey v ACLU, which pretty well means that COPA is dead. Yay for that, too!)

Comments

[sandhawke.livejournal.com]

I think you mean "is NOT a guarantee of a win". :-)

feel free to delete this after reading.

[drwex]

You're right of course. Fixed, thank you.

[adrian-turtle.livejournal.com]

Oh what wonderful news! This is an obvious precedent for opposite-sex harassment, but I wonder if it could also be applied to same-sex sexual harassment?

[drwex]

My understanding of the law is that harrassment is not defined in terms of who the harrasser is, nor the genders involved. But IANAL.