In a narrow 5-4 decision, the United States Supreme Court ruled that people who accuse institutions of gender based discrimination are shielded from being fired just because they raised allegations against the institution.
The case before the court was brought by Roderick Jackson, a girl's high school basketball coach in Alabama. Jackson says he was fired when he said the boys team received better treatment. Jackson had requested a regulation sized gym for his team and hoops that weren't bent both of which the boys basketball team had. Under the court's ruling, Jackson can sue the school for wrongful termination.
'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,' Justice Sandra Day O'Connor wrote for the majority.
Siding with O'Connor were justices Ruth Bader Ginsburg, Steven Breyer, David Souter and John Paul Stevens.
Women's groups were pleased with the court's ruling. 'This decision is a slam dunk victory for everyone who cares about equal opportunity,' Marcia D. Greenberger, co-president of the National Women's Law Center told the Associated Press. 'The court has confirmed that people cannot be punished for standing up for their rights.'
Justice Clarence Thomas wrote the dissenting opinion for the court. 'Jackson's retaliation claim lacks the connection to actual sex discrimination that the statute requires,' Thomas wrote. 'The question before us is only whether Title IX prohibits retaliation, not whether prohibiting it is good policy.'
Now, Jackson has a chance to sue the school board. 'To prevail on the merits, Jackson will have to prove that the board retaliated against him because he complained of sex discrimination,' O'Connor wrote in the majority opinion.
Jackson was rehired by the district as interim basketball coach in 2003. The school now has placed two regulation sized baskets in the old gym used by the girls basketball team.