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Bell Decision Right in Sex Discrimination Lows

Click to see original imageEducation Secretary T. I-1. Bell is on the right track in seeking to modify federal sex discrimination laws that upset school dress codes imposed by individual colleges and universities. Alluding to a Title IX regulation that prohibits discrimination in applying rules on appearance at institutions in which federal money is involved. Bell told an Associated Press interviewer: “This is another example where we’ve stretched and tortured the law to the point of absurdity. I d0n’t think Congress intended that the department would be enforcing matters that relate to length of beards. hair and skirts…” Title IX is part of a 1972 law applicable to any educational institution that gets government funds. Lengthy regulations prepared by the Department of Health. Education and Welfare for enforcing the statute took effect in 1975. Bell’s Office of Civil Rights has 46 grooming and appearance complaints pending. He says he must choose between issuing “silly citations and sending out legions of OCR people to enforce the rule.” or withdrawing it. it is understood the secretary has asked for comments from many universities and begun a restudy of the regulations. He is the third high government official to grapple with the rule on dress codes and grooming matters, Former HEW Secretary Joseph Califano proposed withdrawing it in December. 1978. but his successor Patricia Roberts Harris rescinded Califano’s move in November. 1979. Challenges against the comprehensive HEW enforcement provisions have extended far beyond dress codes and grooming. Hardly had the Title IX implementation taken effect in 1975 until Brigham Young University. private church – sponsored school. took a firm stand against submitting to a half dozen provisions, pending validity rulings by the courts. “We are totally in harmony with the goal of equal opportunity for both men and women in education and employment,” said then President Dallin I-l. Oaks. We intend to do all in our power to support and implement this goal. but some of the regulations as written are unconstitutional and illegal…” Regarding prohibition of rules on appearance. the statement said: “‘BYU will continue to enforce rules of appearance which differ for men and women because we believe that differences in dress and grooming are proper expressions of God-given differences in the sexes. We will resist the imposition of a unisex standard of appearance.” Other BYU objections related to government involvement with religious beliefs. moral and Christian codes. student aid from private donors. and questions on athletic opportunities. HEW solved the problem with a letter of exemption based on the schools religion-related questions and its commitment to equal opportunity. Other colleges also have registered protests of one federal rule or another. One university legal adviser says some educators believe regulations are too detailed and need broadening. with more leeway for interpretation and enforcement. In any case. Bell will need to publish a notice of his intent to amend regulations and give the public 60 days to comment on it. In the meantime. citizens could register comments with their congressmen.