Case Particulars

Tribunal

Department of Education, Office for Civil Rights (OCR)

Date Filed

July 25, 2024

Docket No.

N/A

Case Status

OCR Complaint Filed

Case Overview

The Equal Protection Project (EPP) filed a Civil Rights Complaint with the Department of Education’s Officer for Civil Rights (OCR) against Jefferson State Community College of Alabama, alleging that Jefferson State offers a new welding course exclusively for women that illegally excludes and discriminates against non-female students. The Complaint alleges that this women-only welding program violates Title IX’s prohibition against sex-based discrimination in education.

The welding program is, according to the Complaint, described by Jefferson on its website as “a comprehensive short-term training course to prepare women for careers as Welders.” The Complaint also alleges that application requirements for the Scholarship Program clearly confirm Jefferson’s sex discrimination.

Title IX makes it unlawful to discriminate based on sex in education. That statute provides that “[n]o person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance.” 20 U.S.C. §1681(a). For this reason, a school may not administer scholarships, fellowships or other forms of financial assistance that impose a preference or restriction based on sex, with limited exceptions not applicable here. 34 C.F.R. § 106.37(a).

EPP’s Civil Rights Complaint against Jefferson State summarizes and requests OCR take action:

The Office for Civil Rights has the power and obligation to investigate Jefferson’s role in creating, supporting and promoting this scholarship and impose whatever remedial relief is necessary to hold it accountable for that unlawful conduct. This includes, if necessary, imposing fines, initiating administrative proceedings to suspend or terminate federal financial assistance and referring the case to the Department of Justice for judicial proceedings to enforce the rights of the United States under federal law. “The way to stop discrimination,” the Supreme Court has taught, “is to stop discriminating[.]” Parents Involved in Cmty. Sch.[ v. Seattle Sch. Dist. No. 1, 551 U.S. 701, 748 (2007).]

 

Accordingly, we respectfully ask that the Department of Education’s Office for Civil Rights open a formal investigation, impose such remedial relief as the law permits for the benefit of those who have been illegally excluded from Jefferson’s Women in Welding Program based on discriminatory criteria, and ensure that all ongoing and future programming through Jefferson comports with federal civil rights laws.

OCR is evaluating EPP’s Civil Rights Complaint.

UPDATE: Following the filing of EPP’s OCR Complaint, it appears that Jefferson State’s offending program website has been taken down.