Hostile environments, sex discrimination- has the intent of the law been usurped?
Hostile environment," a nebulous term, difficult to define, as to what is discriminatory and which is not.
Title IX, the federal law banning sex discrimination in schools receiving federal funds, was enacted in 1972, stating that “no person in the United States shall, based on sex, be excluded from … any education program or activity receiving federal financial assistance.”
The Act was then construed to include a “hostile environment,” a nebulous term, difficult to define, as to what is discriminatory and which is not.
In this Report, the evolving understanding of sex discrimination in higher education over the years and the mechanisms developed to find and punish it with Title IX are examined.
Attention is given to the seemingly unintended intent of the original Act transformed by quasi-informal “guidance documents” instead of a Congressional enactment or a formal regulation issued by the executive branch under the Administrative Procedure Act.
SCOTUS has given broad powers to agencies to pass rules and actions to facilitate administration of federal laws; however, Congress and the Senate’s original intent appears to be usurped. We welcome legal challenges. Source: NAS