GENDER DISCRIMINATION

(Part II: Administration and Access)

Iowa Girls’ Basketball

• Basketball as devised by James Naismith was a 6 on 6 game where forwards and guards could not cross the center line– gradually evolved to the 5 on 5 full-court game today, but as of

1979 4 states maintained 6 on 6 for girls– in Iowa, girls basketball was extremely popular and state

tournament often outdrew boys: small schools could compete w/ 2 great scorers

• - obviously, 6 on 6 gave more opportunities to play– however, severely disadvantaged the several hundred Iowa

schoolgirls with a chance to receive athletic scholarships to play college basketball

/2 Iowa girls hoop

• Was Iowa’s maintenance of 6/6 girls’ basketball lawful?

• Is court really saying that anti-discrimination law gives girls the right to be like boys, without considering whether most girls would rather chart a different course?

Coaches’ Pay Differentials• * In 1996, Illinois AD Ron Guenther lured two new basketball coaches

to campus • > Theresa Grentz from Rutgers -- former Olympic coach, AIAW

champs and NCAA Final Four -- paying her $150k (1 of 10 most highly paid women coaches)

• > Grentz paid more than Women's Volleyball coach Mike Hebert, in part causing him to leave

• > Lon Krueger from Florida -- one NCAA final four appearance -- paying him $500,000 (one of top 40)

/2 pay differentials

• Does this pay differential violate Title IX?• Does this pay differential violate the Equal

Pay Act?• Does the USC pay differential violate the

Equal Pay Act– Why didn’t USC demand as much of Stanley?

Should Equal Pay Act tolerate gender-based job classifications?

– agree w/ Stanley [975] that differences attributable to "societal discrimination in preferring to witness men's sports in greater numbers cannot be attributed" to schools?

Access

• Could a public school create all uni-sex teams?

• Why is separate-but-equal ok for sex but not for race?

• If ok not to have M V-ball, ok to exclude men from W team?

/2 Access

• Could a university refuse to let Roberta Clemente play baseball?

• What if a softball teams exists but the quality of competition is not as good?