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Resolutions & Amendments

26th International Convention - San Francisco, CA (1984)

Title IX

Resolution No. 158
26th International Convention
June 18-22, 1984
San Francisco, CA

WHEREAS:

Title IX of the Education Amendments of 1972 prohibited sex discrimination in any federally subsidized educational institution; and

WHEREAS:

On February 28, 1994, the Supreme Court narrowed the application of Title IX by deciding, in Grove City College v. Bell, that the statute's denial of funds to institutions engaged in sex discrimination does not apply to an entire educational institution, but only to the specific program or activity receiving federal funds; and

WHEREAS:

The decision threatens aggressive enforcement of the ban on race, age and handicap discrimination since Title VI of the Civil Rights Act of 1964, the Age Discrimination Act of 1975, and Section 504 of the Rehabilitation Act all prohibit discrimination in a federally assisted program or activity and are liable to be construed as narrowly as Title IX; and

WHEREAS:

Congress intended a broad application of Title IX to the entire institution; and

WHEREAS:

Legislation has been introduced in the House and Senate to reaffirm and clarify Congress' intent that the various anti-discrimination provisions will apply throughout the institutions and not just to the specific program that receives federal financial assistance.

THEREFORE BE IT RESOLVED:

That AFSCME supports and will lobby for enactment of H.R. 5490 and S. 2568, "The Civil Rights Act of 1984" which amend the anti-discrimination statutes to assure broad coverage of the laws originally intended by the Congress.

SUBMITTED BY:

Dwight K. Newman, President and Delegate
Local 1583, Council 25
Ann Arbor, Michigan