Federal law prohibits discrimination by agencies that receive funds from the United States Government. There are numerous activities and programs for children and adults that are offered through public schools and various organizations that receive federal funding. A problem arises when a coach, employee or supervisor of an activity or program discriminates based on race, color, national origin or sex. This discrimination may be by spoken word or by action. If this occurs, there are laws that can protect the person from the discrimination. If you suspect discrimination against you or a member of your family, contact an attorney to discuss any possible legal solutions to your problem.

Title VI of the Civil Rights Act of 1964

Many of the programs and activities that families are involved in today receive federal financial assistance. A coach or supervisor of a federally funded activity is prohibited under Title VI of the Civil Rights Act of 1964 from discriminating based on race, color or national origin. Title VI covers all programs and activities of a public school or college. It doesn't matter if the activities take place on or off campus.

Title VI also prohibits retaliation if a person files a discrimination complaint. This regulation allows a person to file a complaint without having to worry about being kicked out of the activity. Title VI is enforced by the Office for Civil Rights of the US Department of Education (OCR).

Title IX of the Education Amendments of 1972

Title IX of the Education Amendments of 1972 prohibits sexual discrimination for any federally funded activity. The programs covered by Title IX include any academic, athletic or extracurricular activities offered by public schools and colleges.

Title IX has greatly impacted athletics in high school and college. Women are entitled to an equal opportunity to participate in sports. Public schools must provide equal treatment in equipment, locker rooms and coaching. However, Title IX doesn't require the same exact sports for men and women.

Some activities are specifically exempt from Title IX. They include:

• Social fraternities and sororities
• Young Men's Christian Association (YMCA) and Young Women's Christian Association (YWCA)
• Boy Scouts and Camp Fire Girls
• Voluntary youth service organizations

Title IX doesn't just protect the student from discrimination. It also protects the parents and employees of the activity. Title IX is also enforced by the OCR.

State Laws

Even though an activity may not be federally funded, a person may still have state laws that protect him from discrimination. Many states have passed laws that are similar to the federal laws. They prohibit discrimination based on race, color, national origin or sex.

Some states have specifically included sexual orientation in their discrimination laws. However, the states vary as to how the laws are applied and enforced. If you or a family member is being discriminated against in an activity not funded by the federal government, talk to an attorney to determine whether any state law will help provide a legal solution.

Steps to Stop Discrimination

Discrimination during a sport or other activity will many times not be easy to prove. Parents may believe that children of a particular race or gender play more of a sport while others have to sit on the bench. However, it may be difficult to prove that the coach is specifically choosing the players based on the particular race or gender.

If you believe that a coach or supervisor is discriminating against someone, you can file a complaint with the OCR. The OCR will investigate the complaint to determine if the school violated Title VI or Title IX. Many times the school will resolve the complaint by creating anti-discrimination procedures. These procedures will help make sure that discrimination will not happen in the future.

You can also file a lawsuit and seek money damages against the school. You would have to prove that the school knew about the discrimination and was indifferent about it.

Questions for Your Attorney

• If my son's football coach is not playing him in the game, what are the chances I could win a discrimination lawsuit if he plays other kids that are the same race and color as my son?
• Is my daughter legally entitled to play football if her public school offers football for boys?
• Are there any state laws that would protect my child from discrimination for his sexual orientation?

Related Resources on Lawyers.com^sm

- Civil Rights: Discrimination in Education FAQ
- Fighting Discrimination
- Civil Rights Basics
- Discrimination articles and information
- Find a Discrimination lawyer in your area
- Visit our Discrimination Forum for more help

Related Web Links

- US Department of Education - Race and National Origin Discrimination
- US Department of Education - Sex Discrimination
- US Department of Justice - Title IX of the Education Amendments of 1972
- US Department of Justice - Title VI of the Civil Rights Act of 1964