David S Cohen Copyright (c) 2008 All rights reserved. http://works.bepress.com/david_cohen Recent documents in David S Cohen en-us Sun, 12 Oct 2008 09:27:48 PDT 3600 Gender Equity in Intercollegiate Athletics: Where Does Pennsylvania Stand? http://works.bepress.com/david_cohen/8 http://works.bepress.com/david_cohen/8 Mon, 12 Feb 2007 07:54:59 PST David S. Cohen Sex Discrimination Brief Amici Curiae of Seventy-Five Organizations Committed to Women's Equality in Support of Respondent, UCLA Women's Law Journal http://works.bepress.com/david_cohen/7 http://works.bepress.com/david_cohen/7 Thu, 01 Feb 2007 13:18:47 PST Susan Frietsche Sex Discrimination Year 2000 Overview: Governmental Responses to Pregnant Women Who Use Alcohol or Other Drugs http://works.bepress.com/david_cohen/5 http://works.bepress.com/david_cohen/5 Thu, 01 Feb 2007 12:57:08 PST Lynn M. Paltrow Sex Discrimination Democracy and the Intersection of Prisons, Racism, and Capital http://works.bepress.com/david_cohen/4 http://works.bepress.com/david_cohen/4 Thu, 01 Feb 2007 09:42:40 PST David S. Cohen Civil Rights Official Oppression: A Historical Analysis of Low-Level Police Abuse and a Modern Attempt at Reform http://works.bepress.com/david_cohen/3 http://works.bepress.com/david_cohen/3 Thu, 01 Feb 2007 09:16:48 PST David S. Cohen Civil Rights Limiting Gebser: Institutional Liability for Non Harassment Sex Discrimination Under Title IX http://works.bepress.com/david_cohen/2 http://works.bepress.com/david_cohen/2 Wed, 31 Jan 2007 13:53:42 PST David S. Cohen Sex Discrimination Title IX: Beyond Equal Protection http://works.bepress.com/david_cohen/1 http://works.bepress.com/david_cohen/1 Wed, 31 Jan 2007 13:26:14 PST The relationship between Title IX and the Equal Protection Clause is relevant to many areas of sex discrimination law. First and foremost, the issue has arisen when courts have attempted to determine the scope of Title IX's prohibition of sex discrimination. For instance, in Tara Brady's case, whether she could successfully bring a sex discrimination suit for monetary damages under Title IX, which says nothing on its face about pregnancy,(FN9) requires a determination of whether a plaintiff can bring a claim for monetary damages grounded in Title IX's regulation that prohibits pregnancy-based discrimination. After the Supreme Court's decision in Alexander v. Sandoval,(FN10) a Title VI case, which concluded that Title VI's regulations prohibiting disparate impact discrimination cannot form the basis of a private cause of action because Title VI itself prohibits only disparate treatment,(FN11) the Title IX pregnancy issue most likely will turn on whether Title IX itself, as opposed to its regulations, prohibits discrimination based on pregnancy.(FN12) If Title IX is coextensive with the Equal Protection Clause, which does not consider discrimination based on pregnancy as discrimination based on sex,"(FN13) then there is no private cause of action under Title IX for pregnancy discrimination. David S. Cohen Sex Discrimination