Justices: Whistleblowers Can Sue for Retaliation
From Associated Press
9:40 AM PST, March 29, 2005

WASHINGTON   The Supreme Court expanded the scope of the landmark gender equity law Title IX, ruling today that it shields whistleblowers who accuse academic institutions of discrimination based on sex.

The 5-4 decision in favor of Alabama high school girls basketball coach Roderick Jackson is a victory for women's advocates who say the legal protection will prompt reports of bias that would otherwise go unsaid or unheeded.

The ruling means Jackson can pursue a lawsuit claiming he was fired for complaining that the boys team received better treatment. Congress intended such lawsuits when it passed the Title IX law, justices said.

"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.

She was joined in her opinion by Justices John Paul Stevens, David H. Souter, Ruth Bader Ginsburg and Stephen G. Breyer.