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Retaliation and Hostile Environment

Retaliation

Retaliation against an individual for filing a charge of discrimination, participating in an investigation, or opposing discriminatory practices is prohibited. No person in the United States shall be subjected to retaliation based on their filing of a Title IX complaint.

Retaliation is defined as the following by Title IX:

  • a strike back in response to another's action or accusation
  • a form of revenge or reaction because of a complaint filed against a person
  • refusal to promote, advance, or accurately support/qualify a person due to a complaint filed

Examples that may constitute retaliation:

  • demotion or prohibiting advancement due to a filed complaint
  • firing, loss of benefits, or the like due to a filed complaint
  • unfair treatment or discrimination due to a filed complaint

Hostile Environment

Creating a hostile environment for an individual filing a charge of discrimination, participating in an investigation, or opposing discriminatory practices is prohibited. No person in the United States shall be subjected to a hostile environment based on their filing of a Title IX complaint.

Hostile Environment is defined as the following by Title IX: 

  • a situation of a discriminatory or sexual nature that has occurred and created an adverse setting
  • an intimidating or offensive environment that causes a person to be fearful
  • a setting that denies, limits, or interferes with a person's ability to participate in or benefit from a program, activity, or job

Examples that may constitute a hostile environment:

  • bullying, abusive or intimidating comments and actions
  • intimidating or offensive comments that alter the conditions of a person's work, classroom, team, or program environment
  • continuous offensive comments or surroundings of a discriminatory or sexual nature