For example, a federal district court in New York invalidated a school's scholarship program under Title IX's testing regulation because it relied solely on the SAT, adversely affecting female applicants. But for female coaches and athletes, even the worst-case scenario is pretty good. Disparate impact theory has been used to challenge gender inequity in coaches' pay, an entrenched, nationwide problem. Studies show that coaches of women's sports teams get paid less than coaches of men's sports teams. Moreover, female coaches of men's sports teams get paid less than their male counterparts.
Female coaches find it hard to show intentional discrimination.
Thus, disparate impact theory can be helpful in challenging inequity in coaches' pay. Fortunately, even if Sandoval is applied to Title IX, female coaches will still be able to fall back on another statute. Title IX is famous for its revolutionary impact on women's sports. Through litigation, women across the country at all levels of schooling have obtained greater sports opportunities. Unfortunately, the Fifth Circuit Court of Appeals, in Pederson v. LSU , a June 2000 decision, has muddied this point.