HEW and Title IX:
The Elimination of Sex Discrimination in Education
In June of 1973, Gwen Gregory of the Department of Health, Education
and Welfare's Office for Civil Rights was chosen to head that
department's task force on the regulations to implement Title IX. A
provision of the Education Amendments passed by Congress in 1972, this
statute forbids sexual discrimination in schools that receive federal
financial aid. However, Title IX was extremely vague as written, and
designing regulations for its implementation was therefore difficult.
In addition to ambiguous text, Title IX had a legislative history that
was unenlightening with regard to the intent of the statute. The case
focuses on the problems of defining the intent of Title IX and, once
the meaning is clarified, implementing new regulations. Possible
discussion points include: How can Gregory more clearly define the
meaning of Title IX? Is this in fact her responsibility, or the duty
of Congress or the courts? Since the issue of sex discrimination is
sensitive, Congress has "avoided the heat" by producing a vague
statute. How can Gregory create a process that will conduct some of
the heat to other agencies or arms of government in a way that will
create clarity, not a firestorm of controversy?
HEW and Title IX: The Elimination of Sex Discrimination in Education,
11pp+, (C14-77-155.0)
