Franklin v. Gwinnett County Public Schools

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In Franklin v. Gwinnett County Public Schools, 503 U.S. 60, 72 (1992), the U.S. Supreme Court held that Section 1003 of the Rehabilitation Act Amendments of 1986, 100 Stat. 1845, 42 U.S.C. § 2000d-7, "cannot be read except as a validation of Cannon's holding." Justice Byron White wrote the majority opinion and Antonin Scalia concurred with the judgment and this assessment, see also id. at 78.[1] Franklin was the first case that allowed monetary damages in Title IX cases.[2]

The Rehabilitation Act Amendments of 1986 expressly abrogated States' sovereign immunity against suits brought in federal court to enforce Title VI and provided that in a suit against a State "remedies (including remedies both at law and in equity) are available . . . to the same extent as such remedies are available . . . in the suit against any public or private entity other than a State," § 2000d-7(a)(2).

The case involved a female high school student at North Gwinnett High School who reported being sexually harassed by a teacher. Despite complaints to school administration, no actions were taken against the teacher. The student eventually filed suit against the school board seeking monetary damages. Damages were denied by the lower courts until the Supreme Court overturned the ruling and allowed for monetary damages under Title IX.[3]

See also

Majority Opinion written by Byron White
Concurrence written by Antonin Scalia


  2. Encyclopedia Britannica, Franklin v. Gwinnett County Public Schools
  3. Encyclopedia Britannica, Franklin v. Gwinnett County Public Schools