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Sex-Based Discrimination at Jefferson State Community College (AL) Challenged By Equal Protection Project

Sex-Based Discrimination at Jefferson State Community College (AL) Challenged By Equal Protection Project

“The Equal Protection Projects supports educational programs that provide opportunities that assist women in entering traditionally male occupations, and men in entering traditionally female occupations. But such programs, particularly when done by public universities, must be done in compliance with federal law and Title IX”

The Equal Protection Project (EPP) (EqualProtect.org) of the Legal Insurrection Foundation has challenged numerous racially discriminatory programs done in the name of Diversity, Equity, and Inclusion. This discrimination comes in various ways, but the overarching theme is to exclude or diminish some people and promote others, based on race, color, or ethnicity. We have filed over thirty complaints and legal actions since launch in February 2023, with over half the schools withdrawing or modifying the discriminatory programs. (See EPP Impact Summaries.)

Not all of our actions have been limited to racial discrimination, we also have challenged multiple instances in which racial discrimination was mixed with sex discrimination and gender identity discrimination against men who are not “trans” or nonbinary. The intersectionality of these discriminations is a byproduct of the DEI ideology.

Our most recent filing was based solely on sex discrimination in a program at Jefferson State Community College in Birmingham, Alabama. From the Civil Rights Complaint:

This complaint concerns Jefferson State Community College in Birmingham, Alabama (“Jefferson”) for illegal sex discrimination in violation of Title IX.

Specifically, Jefferson is offering a new welding course this fall exclusively for women that illegally excludes and discriminates against non-female students. Jefferson’s Welding Career Scholarship Program2 is described by Jefferson on its website as “a comprehensive short-term training course to prepare women for careers as Welders.” The application requirements for the Scholarship Program clearly confirm Jefferson’s sex discrimination: [image omitted] ….

Jefferson’s sex discrimination in violation of Title IX has been the subject of a number of recent media reports, including:

1. “Jefferson State offering welding course specifically for women,” WBRC Fox 6 News, July 19, 2024:3
Jefferson State Community College will be holding a welding course this fall specifically for women. The Women in Welding scholarship program is a 15-week welding course that will cover all expenses for 12 women looking to get into welding.

Through a grant from The Women’s Foundation of Alabama, the 12 women selected for the program will have the cost of their classes covered, given a transportation stipend, and be provided with the tools for the classes.

2. “Community college announces welding course specifically for women,” WDBJ/Gray News, 7, July 22., 2024:4

A community college in Alabama is holding a new welding course this fall specifically for women. The Women in Welding scholarship program is a 15-week welding course at Jefferson State Community College for 12 women who are looking to get into welding.

Through a grant from The Women’s Foundation of Alabama, the 12 women selected for the program will have the cost of their classes covered, will be given a transportation stipend, and will be provided with the tools for the classes.

In violation of Title IX, Jefferson’s single-sex, female-only Women in Welding Scholarship Program illegally excludes and discriminates against non-females based on their sex.

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Concerning Title IX in particular, OCR has stated that a school may not justify discrimination for purposes of addressing an “imbalance” in participation by relying on national statistics of limited participation in a discriminatory program. Rather, it “must instead clearly articulate why the particular sex-based scholarship or program was necessary to overcome the conditions in its own education program or activity which resulted in limited participation therein.”5

Here, the sex-based eligibility criterion is, by its terms, applied mechanically. If applicants do not meet the blunt gender requirement that they female, they are not eligible for this scholarship. No statistical information concerning Jefferson’s justification for this program based on interest, participation or past discrimination of women seeking training at Jefferson is set forth or suggested.

Because Jefferson’s sex requirement for this scholarship is presumptively invalid, and because there is no legal justification for such invidious

I provided the following statements to the media:

“The Equal Protection Projects supports educational programs that provide opportunities that assist women in entering traditionally male occupations, and men in entering traditionally female occupations. But such programs, particularly when done by public universities, must be done in compliance with federal law and Title IX, which prohibit discrimination on the basis of sex. Sex-segregated programming is not permitted. We call upon Jefferson State Community College to make the welding program for economically disadvantaged people open without regard to sex.”

EPP is in a major expansion mode, and we expect to broaden our challenges to discriminatory programs.  But we need your help. We are a small organization going up against powerful and wealthy government and private institutions devoted to DEI discrimination. Donations are greatly needed and appreciated.

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E Howard Hunt | July 29, 2024 at 7:33 am

Interesting. I wonder if the program could pass muster if it were reconstituted along the lines of women’s sports. That is, if it were shown that differences if physical strength and the mental processing of spatial information made it harder for women to weld, would this
program then be deemed lawful?


 
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CommoChief | July 29, 2024 at 1:15 pm

The lefty, woke weirdo, cultural Marxists have been incredibly successful at indoctrinating a couple of generations that men are the cause for all our societal ills. This is why such discriminatory programs are able to be established so broadly without sufficient internal opposition. The woke weirdos believe the anti discrimination statutes simply don’t apply to men. One recurring theme is that society/individuals can’t discriminate against men aka Patriarchy and particularly against ‘white’ men due to ‘Privilege’.


 
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DSHornet | July 29, 2024 at 6:06 pm

Jeff State is literally a half dozen miles away. It’s always, since the mid 70s, been known for a high quality education when a student either can’t go to a four year university or wants an associate’s degree in a field that will let them start getting a good pay check. This is disappointing.
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