Title IX: What It Doesn’t Protect Against

There are many specific restrictions that are put on schools and other recipient institutions under Title IX, and that is a good thing. It protects many people from discrimination and other claims. For example, these rules mean that any recipient cannot exclude or deny anyone benefits on the basis of sex within the program. However, there are some instances in which Title IX can be limiting. When does it not apply to your situation?

What Is Limited or Excluded

Title IX has several exemptions and exceptions from its coverage in place. This exemption, for example, includes membership practices for some types of organizations. It can also be applied to some types of private undergraduate colleges.

For example, suppose a school informs the board that it is claiming a religious exemption. In that case, the location may not have to abide by affiliated rules required under Title IX otherwise. However, to do this, it must file a written statement regarding this to the Assistant Secretary. Their statement must be acknowledged by the governing body as well.

Take a look at some of the exemptions that may apply to your situation:

  • Private undergraduate colleges do not have to apply the prohibition on discrimination
  • Public elementary and secondary schools can be same-sex schools as long as the education provided is equal to that of any school offering education to the excluded sex.
  • Private schools controlled by religious organizations also have admissions exemptions for those who are of a specific religion, and schools can not allow a student who engages in beliefs contrary to the religious tenets of that organization
  • Military service and merchant marine schools are fully exempt from these programs as they apply to training individuals for military service.
  • Social fraternities or sororities may have various types of restrictions on enrollment, with some limitations
  • YMCA, Girl Scouts, Boy Scouts, Camp Fire Girls, and YWCA can have restrictions in place to eliminate the other party from participating
  • Voluntary youth service organizations can have membership practice exemptions
  • Boys and girls conferences can be restricted to those who fall within the specific gender requirement

It can be confusing to know if the school you are engaging in or the group you want to be a part of has to allow you admission. Discrimination is very real for many reasons, and while these exemptions are in place, they are just that – exceptions. If you find that you have been discriminated against in some way and you believe that someone has violated your rights, we encourage you to take legal action now.

We Can Help You Get Compensation if Your Rights Were Violated

At Wrubler Law LLC, we recognize the risks that come from discrimination and know that Title IX can be abused in various ways. Allow our Indianapolis Title IX defense attorneys to go to work for you. We will gather information about what occurred in your case and offer insight into what your legal rights may be. Do not wait to contact us for immediate help and insight into your case. Call our office now