Gebser v. Lago Vista Independent School Dist., 524 U.S. 274, 13 (1998)

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286

GEBSER v. LAGO VISTA INDEPENDENT SCHOOL DIST.

Opinion of the Court

U. S. C. § 2000a-3(a) (1970 ed.); §§ 2000e-5(e), (g) (1970 ed., Supp. II). It was not until 1991 that Congress made damages available under Title VII, and even then, Congress carefully limited the amount recoverable in any individual case, calibrating the maximum recovery to the size of the employer. See 42 U. S. C. § 1981a(b)(3). Adopting petitioners' position would amount, then, to allowing unlimited recovery of damages under Title IX where Congress has not spoken on the subject of either the right or the remedy, and in the face of evidence that when Congress expressly considered both in Title VII it restricted the amount of damages available.

Congress enacted Title IX in 1972 with two principal objectives in mind: "[T]o avoid the use of federal resources to support discriminatory practices" and "to provide individual citizens effective protection against those practices." Cannon, supra, at 704. The statute was modeled after Title VI of the Civil Rights Act of 1964, see 441 U. S., at 694-696; Grove City College v. Bell, 465 U. S. 555, 566 (1984), which is parallel to Title IX except that it prohibits race discrimination, not sex discrimination, and applies in all programs receiving federal funds, not only in education programs. See 42 U. S. C. § 2000d et seq. The two statutes operate in the same manner, conditioning an offer of federal funding on a promise by the recipient not to discriminate, in what amounts essentially to a contract between the Government and the recipient of funds. See Guardians, 463 U. S., at 599 (opinion of White, J.); id., at 609 (Powell, J., concurring in judgment); cf. Pennhurst State School and Hospital v. Halderman, 451 U. S. 1, 17 (1981).

That contractual framework distinguishes Title IX from Title VII, which is framed in terms not of a condition but of an outright prohibition. Title VII applies to all employers without regard to federal funding and aims broadly to "eradicat[e] discrimination throughout the economy." Landgraf v. USI Film Products, 511 U. S. 244, 254 (1994) (internal quo-

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