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Teachers and the Law, 8e

Teachers and the Law, 8e. by David Schimmel, Leslie R. Stellman, and Louis Fischer PowerPoint Presentation by Gerri Spinella, Ed. D. Chapter 16. Are Teachers and Students Protected Against Sex Discrimination?. Key Concepts Are Teachers and Students Protected

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Teachers and the Law, 8e

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  1. Teachers and the Law, 8e by David Schimmel, Leslie R. Stellman, and Louis Fischer PowerPoint Presentation by Gerri Spinella, Ed. D

  2. Chapter 16 Are Teachers and Students Protected Against Sex Discrimination?

  3. Key Concepts Are Teachers and Students Protected against Sex Discrimination? Sex Discrimination against Teachers Sex Discrimination against Students

  4. Essential Question How have changes in public attitudes, together with important court rulings, led to a greater understanding of sex discrimination and sexual harassment in public schools?

  5. Key Terms

  6. Sex Discrimination against Teachers Employment Discrimination • Equal pay between genders and salaries is based upon the steps in a salary schedule. • Coaches are paid equally. • Burden of proof needs to be established for disparate treatment in pay. • Remedies are available under Title VII to victims of sex discrimination in employment and if school districts retaliate against employees who make claims of sex discrimination.

  7. No Dismissal For Getting Married Disability & Benefits FMLA PDA Maternity Leave Requirements Marriage & Pregnancy Child Rearing Both Genders MARRIAGE AND PREGNANCY

  8. Sex Discrimination against Students and Teachers Sexual HarassmentDefinitions Sexual Harassment definitions include: • unwelcome sexual advances. • requests for sexual favors. • verbal or physical conduct of a sexual nature

  9. TITLE VII • 1964 Civil Rights Amendment • Guidelines include verbal or physical conduct of a sexual nature when • (1) submission to such conduct is made either explicitly or implicitly as a term or condition of one’s employment. • (2) submission to or rejection of such conduct is used as a basis for employment decisions. • (3) such conduct has the purpose or effect of substantially interfering with one’s work performance or creating an intimidating, hostile, or offensive work environment.

  10. Case Presentation Oncale v. Sundowner Offshore Services, Inc.

  11. Title IX prohibits sex discrimination: All aspects in school’s education program are included. Students who are victims of sexual harassment may sue for damages. Teachers may be found liable for violating student’s rights. Schools may be found liable if they are deliberately indifferent to peer harassment. TITLE IX Educational Amendment of 1972

  12. Case Presentation Nabozny v. Podlesny

  13. Sex Discrimination Against Students School Sports Equal Access for boys and girls Review applicable state laws and state Equal Rights amendments Title IX: No person in the United States shall on the basis of sex be excluded from participation, be denied the benefits of, or be subjected to discrimination under any education program or act or activity receiving federal financial assistance.

  14. Cases Franklin v. Gwinnett County Public Schools Gebser v. Lago Vista Independent School Board

  15. Initial Proceedings Defendant Answers (30 days) or motion to dismiss Facts of claim by plaintiff seeks Complaint Interrogatories Depositions Document Requests Discovery Begins Case Study Settlement Conference • Step by Step • In The • Court System OUTCOME EDUCATIONAL IMPLICATION

  16. Chapter 16 Are Teachers and Students Protected against Sex Discrimination? Reflection How will current educators proactively respond to the continued vestiges of inequality and stereotyping through policy, governance, and actions in our schools?

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