Title IX versus Candian Human Rights Legislation: How the United States Should Learn from Canada's Human Rights Act in the Context of Sexual Harassment in Schools


This Article critically examines the success of Title IX in eradicating sexual harassment in educational settings after the Supreme Court decisions in Gebser v. Lago and Monroe v. Davis. Regrettably, the high bar for recovery established by these cases, in addition to poor administrative enforcement of Title IX have eroded its ability to maintain discrimination-free schools. After an examination of the manner in which the Canadian human rights model operates in the context of sexual harassment in educational settings, recommendations are made that the United States should use the Canadian example to improve its own system. Specifically, the United States should streamline and simplify its administrative enforcement of Title IX and articulate clearer legal standards for injunctive relief as opposed to recovery of compensatory damages.


Comparative and Foreign Law | International Law | Juvenile Law | Law and Gender

Date of this Version

April 2006