Gebser v. Lago Vista Independent School Dist., 524 U.S. 274, 14 (1998)

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Cite as: 524 U. S. 274 (1998)

Opinion of the Court

tation marks omitted). Title VII, moreover, seeks to "make persons whole for injuries suffered through past discrimination." Ibid. (internal quotation marks omitted). Thus, whereas Title VII aims centrally to compensate victims of discrimination, Title IX focuses more on "protecting" individuals from discriminatory practices carried out by recipients of federal funds. Cannon, supra, at 704. That might explain why, when the Court first recognized the implied right under Title IX in Cannon, the opinion referred to injunctive or equitable relief in a private action, see 441 U. S., at 705, and n. 38, 710, n. 44, 711, but not to a damages remedy.

Title IX's contractual nature has implications for our construction of the scope of available remedies. When Congress attaches conditions to the award of federal funds under its spending power, U. S. Const., Art. I, § 8, cl. 1, as it has in Title IX and Title VI, we examine closely the propriety of private actions holding the recipient liable in monetary damages for noncompliance with the condition. See Franklin, supra, at 74-75; Guardians, supra, at 596- 603 (White, J.); see generally Pennhurst, supra, at 28-29. Our central concern in that regard is with ensuring that "the receiving entity of federal funds [has] notice that it will be liable for a monetary award." Franklin, supra, at 74. Justice White's opinion announcing the Court's judgment in Guardians Assn. v. Civil Serv. Comm'n of New York City, for instance, concluded that the relief in an action under Title VI alleging unintentional discrimination should be prospective only, because where discrimination is unintentional, "it is surely not obvious that the grantee was aware that it was administering the program in violation of the [condition]." 463 U. S., at 598. We confront similar concerns here. If a school district's liability for a teacher's sexual harassment rests on principles of constructive notice or respondeat superior, it will likewise be the case that the recipient of funds was unaware of the discrimination. It is sensible to as-

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