Jackson v. Birmingham Board of Education, 544 U.S. 167 (2005), is a case in which the United States Supreme Court held that retaliation against a person because that person has complained of sex discrimination is a form of intentional sex discrimination encompassed by Title IX.
[1] Roderick Jackson, a teacher in the Birmingham, Alabama, public school system, brought suit against the Birmingham Board of Education alleging that the board retaliated against him because he complained about sex discrimination at Ensley High School.
Jackson discovered that Ensley High School did not provide equal funding and access to athletic equipment and facilities for the girls' teams.
[3] Justice Sandra Day O'Connor writing for a 5-4 majority held that retaliation against individuals because they complain of sex discrimination is intentional conduct that violates the terms of Title IX.
Thomas argued that retaliatory conduct is not discrimination on the basis of sex under the plain terms of Title IX.