|Supreme Court Backs Whistleblowers|
Washington, DC., March 29, 2005. The United States Supreme Court handed down a landmark decision today by recognizing that whistleblowers are protected from discrimination under Title IX. The Court's decision in Jackson v. Birmingham Board of Education affords the protections of Title IX to whistleblowers who have been retaliated against based on their sex. Congress intended such lawsuits when it passed the Title IX law, justices said. And, in a 5-4 majority, the Court held that Title IX encompasses claims of retaliation where the employer retaliates against an individual because he has complained about sex discrimination.
According to the majority of the Court, Reporting incidents of
discrimination is integral to Title IX enforcement and would be
discouraged if retaliation against those who report went unpunished.
Indeed, if retaliation were not prohibited, Title IX's enforcement
scheme would unravel. Justice Sandra Day O'Conner, writing for the
majority stated that Without protection from retaliation, individuals
who witness discrimination would likely not report it, indifference
claims would be short-circuited, and the underlying discrimination
would go unremedied