Scholarly Articles and Other Contributions
 

Document Type

Article

Publication Date

1986

Abstract

In 1984 the Supreme Court determined in Grove City College v. Bell that the antidiscrimination provisions of Title IX of the Education Amendments of 1972 were program-specific rather than institution-wide in application. In response, several legislative proposals designed to mitigate or reverse the Grove City decision have been introduced in Congress. These proposals include the Civil Rights Restoration Act of 1985 (H.R. 700 and S. 431) and the Civil Rights Amendments Act of 1985 (S. 272). In this Article, Professor Garvey argues that institution-wide application of Title IX and similar antidiscrimination statutes would in many instances lead to results inconsistent with statutory language and the public interest.

By examining and analyzing the current statutes' language and by reviewing and applying various theories of nondiscrimination law, Professor Garvey concludes that most of the current proposals addressing Grove City involve misconceptions of the statutes they would amend and fail to conform to any of the numerous underlying theories of antidiscrimination law.

Share

COinS
 
 

To view the content in your browser, please download Adobe Reader or, alternately,
you may Download the file to your hard drive.

NOTE: The latest versions of Adobe Reader do not support viewing PDF files within Firefox on Mac OS and if you are using a modern (Intel) Mac, there is no official plugin for viewing PDF files within the browser window.