In light of these considerations, a factual examination is necessary to determine what constitutes an «educational program or activity» covered. In other words, the scope of Title IX depends on which parts of a programme or activity are of an educational nature. Consistent with this interpretation, most federal organizations have approved final regulations implementing Title IX that «discriminate in employment or in hiring, reviewing or electing, full-time or part-time, in the context of an education program or activity operated by a recipient receiving federal financial assistance, prohibit widely.» 76 Two areas give rise to specific considerations which require specific discussion. In some cases, beneficiaries may seek to amend their obligations under Title IX in order to comply with other legal or contractual obligations. In other cases, beneficiaries may try to create gender criteria for employment in certain types of positions. In United States v. Baylor Univ. Med. Ctr., 736 F.2d 1039 (5th Cir. 1984), the Fifth Circuit held that if a referral is made to the Department of Justice and an injunction is filed, a court may order the termination of federal financial assistance on appeal.
However, termination can only take effect after 30 days. The Court held that Congress` intention to grant 30 days for the administrative hearing (see 42 U.S.C. 2000d-1, which requires the agency to file a report with Congress and must elapse 30 days before funds are terminated), shows Congress` intention to also grant a 30-day grace period before a court order terminating the funds takes effect. 28It should be noted that the Chamber`s 1984 report on an earlier version of the RCRA, which defined the term «recipient» rather than «program or activity,» also described the reports as limited to «education.» This description is instructive because the sponsors of the ERAC, as it was eventually adopted, subsequently determined that, despite the new wording, the reports would operate in the same manner as envisaged for the previous bill. It should therefore be noted that the 1984 House Report described the scope of Title IX as follows: Nevertheless, the gap in diversification between university faculties and their student bodies is striking. As recently as 1969, less than five percent of all professors had African or Asian ancestry, and about eighty percent were men. Schools like Harvard and Stanford have struggled to achieve gender balance. In 1976, women made up 1.6 percent of Yale`s humanities department and Princeton`s one percent, even though both schools had admitted women for seven years. Even at Berkeley, which had admitted women since 1871, women made up only 5.6 percent of the faculty. Today, less than thirty percent of all Stanford university professors are women, and seven percent are classified as underrepresented minorities. At Harvard, twenty-seven percent of tenured professors are women and eight percent are underrepresented minorities. 127 The Court went on to state that «in the absence of a clear direction to the contrary from Congress, federal courts have the power to grant appropriate remedies with respect to a cause of action recognized by federal law.» Id., pp.
70-71. Id., pp. 609-10. Title IX should only cover situations where federal funds are allocated to a non-federal entity, which in turn provides financial assistance to the ultimate recipient or federal assistance to another recipient for final distribution to a recipient.25 It is important to note that the Supreme Court has firmly held that the fact that an institution receives student loans or bursaries makes the institution a beneficiary. of federal financial assistance. See Grove City 465 U.S. at 569. According to the general rule in Title IX, a beneficiary may not discriminate on the basis of sex when advising or guiding students or applicants for admission. In particular, during the assessment or student council, a recipient may not use other gender-based tests or materials, or use materials that permit or require different treatment of students on the basis of gender. However, these different materials can be used if they cover the same areas of professional interest and their use is essential to eliminate sexual bias. Finally, where a beneficiary finds that a particular category includes a substantially disproportionate number of persons of the same sex, it must take the necessary measures to ensure that this imbalance is not due to discrimination on grounds of sex in advice or evaluation documents or by advisers. 65 Reg.
Fed. at 52871. The amendments made by this Act shall come into force after one year from the date of its entry into force: provided that, in the case of workers subject to a bona fide collective agreement in force at least thirty days before the date of entry into force of this Act, concluded by a trade union organization (as defined in section 6(d)(4)) of the fair labour standards), as amended) (subsection (d) (4) of this section), the amendments made by this Act come into force upon termination of such a collective agreement or after the expiration of two years after the coming into force of this Act, whichever comes first.