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Equal Protection › Gender Discrimination

The Equal Protection Clause is a section of the 14th Amendment to the United States Constitution that provides that "no state shall...deny to any citizen within its jurisdiction the equal protection of the... more +
The Equal Protection Clause is a section of the 14th Amendment to the United States Constitution that provides that "no state shall...deny to any citizen within its jurisdiction the equal protection of the laws." Essentially, the Equal Protection Clause provides that the government must treat an individual the same way that it treats other individuals in the same circumstances. The 14th Amendment Equal Protection Clause applies only to state governments, but the requirements of the clause apply to the federal government through the Due Process Clause of the 5th Amendment. less -
McDermott Will & Emery

Diskriminierung im Bewerbungsprozess? Was Sie als Arbeitgeber jetzt wissen sollten

McDermott Will & Emery on

Die Ampelkoalition hat in ihrem Koalitionsvertrag die Ausweitung des Anwendungsbereichs des Allgemeinen Gleichbehandlungsgesetz (AGG) vorgesehen. Ob dies in dieser Legislaturperiode tatsächlich noch geschieht, ist fraglich....more

Bowditch & Dewey

The 11th Circuit Flushes Away Rights to Bathroom Access in Schools

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A federal appeals court in Florida recently weighed in on the national debate about bathrooms and gender identity, teeing up the issue for review by the U.S. Supreme Court. In a decision issued in December 2022, the 11th...more

Spilman Thomas & Battle, PLLC

The Academic Advisor - Education Law Insights, Issue 1, January 2023

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Welcome to the second year of The Academic Advisor. The aim of this publication is to help our clients navigate the myriad legal issues and evolving regulatory landscape that affect schools, colleges and universities, and...more

TNG Consulting

Hiring an Independent Firm to Guard Against Bias Allegations

TNG Consulting on

The CEO of a community college in Connecticut (“Plaintiff”) sued the Connecticut State Colleges and Universities System (“System”) over claims of gender discrimination and won. Plaintiff also alleged violations of her First...more

Miles & Stockbridge P.C.

Gender Dysphoria Recognized as a Disability Under Federal Law

Miles & Stockbridge P.C. on

A federal appeals court this week ruled that “gender dysphoria” qualifies as a disability under the Americans with Disabilities Act (“ADA”). This decision will give broader protection to transgender and other individuals...more

Sheppard Mullin Richter & Hampton LLP

Court Enjoins Law Requiring California Businesses Have Women on Their Board of Directors

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On May 13, 2022, a law requiring publicly held corporations headquartered in California to have women on the board of directors was enjoined from being enforced and declared unconstitutional after a bench trial in Los Angeles...more

Tucker Arensberg, P.C.

A Recent Case Highlights Equal Protections In The American Rescue Plan Act

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A case from the United States Court of Appeals for the Sixth Circuit highlights that, even in times of crisis like the COVID-19 pandemic, prioritizing federal grant money based on race and gender will likely violate the equal...more

Patterson Belknap Webb & Tyler LLP

Notorious: The RBG Podcast - Episode 11: Three Cheers for Beer: A Discussion of Craig v. Boren

Patterson Belknap Webb & Tyler LLP on

In Episode 11 of Notorious, we discussed the case of Craig v. Boren, in which Ruth Bader Ginsberg, an attorney for the ACLU, helped shape a new level of judicial review in gender discrimination cases, appearing as amicus...more

Fisher Phillips

Federal Appeals Court Rules In Favor Of Transgender Teen In Landmark Bathroom Case

Fisher Phillips on

In a major win for transgender rights, the 4th Circuit Court of Appeals recently ruled in favor a transgender teenager who wanted to use the boys’ bathroom at his former school, finding that the school district violated his...more

Epstein Becker & Green

#WorkforceWednesday: Justice Ruth Bader Ginsburg Leaves Behind a Legacy - Employment Law This Week®

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Welcome to #WorkforceWednesday. Like many of you, this week, we are honoring Justice Ruth Bader Ginsburg and reflecting on her employment law legacy. Justice Ruth Bader Ginsburg Passes Away Last Friday, U.S. Supreme Court...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Eleventh Circuit Opinion Clarifies Definition of ‘Similarly Situated’ Comparators

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On March 21, 2019, finding in favor of an employer seeking summary judgment, the U.S. Court of Appeals for the Eleventh Circuit, in Lewis v. City of Union City, clarified the definition of “similarly situated” comparators for...more

Ballard Spahr LLP

Third Circuit Rejects Challenge to School District's Bathroom Policy for Transgender Students

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The U.S. Court of Appeals for the Third Circuit has issued its much anticipated precedential opinion upholding denial of a preliminary injunction against a Pennsylvania school district's policy allowing transgender high...more

FordHarrison

"Here We Go Again": Transgender Bathroom Dispute Headed Back to the Fourth Circuit

FordHarrison on

The protracted case of Gavin Grimm is set to be heard once again by the United States Court of Appeals for the Fourth Circuit. ...more

Jackson Lewis P.C.

Supreme Court Birthright-Citizenship Decision Not Retroactive, State Department Clarifies

Jackson Lewis P.C. on

The U.S. Supreme Court ruling that a federal citizenship statute setting different residency requirements for U.S. citizen fathers and mothers violates the Equal Protection Clause will apply only to individuals born on or...more

Holland & Knight LLP

Religious Institutions Update: November 2017 - Lex Est Sanctio Sancta

Holland & Knight LLP on

Timely Topics - Serious data breaches have become routine in the United States, yet a recent survey shows that the majority of religious institutions do not have a full-time IT professional, have no system to detect a...more

Jackson Lewis P.C.

Supreme Court: Gender-Based Distinctions In Immigration Law Violate Equal Protection

Jackson Lewis P.C. on

A federal citizenship statute setting different residency requirements for U.S. citizen fathers and mothers seeking to transmit birthright citizenship to their non-marital children born outside the U.S. violates the Equal...more

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides Sessions v. Morales-Santana

Faegre Drinker Biddle & Reath LLP on

On June 12, 2017, the Supreme Court decided Sessions v. Morales-Santana, No. 15-1191, in which it held that an exception to the Immigration and Nationality Act, 8 U.S.C. § 1401 et seq., that provides a benefit to children of...more

Best Best & Krieger LLP

School District Can’t Stop Transgender Student from Using Restroom of Choice - Federal Appeals Court Upholds Temporary Injunction...

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For years, California law has required school districts to allow a student to use restroom facilities consistent with his or her gender identity no matter what gender is listed on the pupil’s records. However, a case decided...more

Obermayer Rebmann Maxwell & Hippel LLP

Is Distress Over Your Assigned Gender a Disability?

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District Court Narrowly Construes the ADA to Allow a Transgender Employee to Pursue Discrimination and Retaliation Claims Pennsylvania District Court Judge Joseph F. Leeson recently ruled that the Americans with Disabilities...more

Bond Schoeneck & King PLLC

Supreme Court Will Review Fourth Circuit Decision in Transgender Student’s Rights Case

Bond Schoeneck & King PLLC on

On October 28, 2016 the United States Supreme Court agreed to review the Fourth Circuit’s decision in Gloucester County School Board v. G.G. This case is about whether a Virginia School Board’s policy limiting students’...more

Ruder Ware

Transgender Student Files First Discrimination Suit Against Wisconsin School District

Ruder Ware on

Last Tuesday, the Kenosha Unified School District (“KUSD” or “the District) became the first Wisconsin school district to be sued under federal law by a transgender student alleging the District and its representatives have...more

Seyfarth Shaw LLP

Fourth Circuit Holds that Title IX Protects Transgender Student’s Right to Use Men’s Restroom Consistent With the Student's Gender...

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The U.S. Court of Appeals for the Fourth Circuit holds that Title IX protects a transgender student’s right to use the restroom that aligns with the student’s gender identity. The Fourth Circuit has become the first...more

McGuireWoods LLP

Fourth Circuit Rules that Title IX Extends to Transgender Bathroom Access

McGuireWoods LLP on

On April 19, 2016, the Fourth Circuit Court of Appeals issued an opinion that is likely to have a significant impact on the rights of transgender students. In G.G. ex rel. Grimm v. Gloucester County School Board, No. 15-2056...more

Franczek P.C.

Treasury and the IRS Issue Proposed Regulations Implementing Supreme Court Same-Sex Marriage Ruling

Franczek P.C. on

In recent guidance, the Department of Treasury and the IRS issued proposed rules that clarify under the Internal Revenue Code (Code) that the terms “spouse” and “husband” and “wife” refer to individuals who are lawfully...more

Melito & Adolfsen

What’s the big hoopla in the City during the dog days of summer? Can the City arrest the topless women in Times Square for...

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For years, the Naked Cowboy, dressed in nothing but his underwear, hat, and boots and with a guitar has been posing with tourists in Times Square—causing barely a ripple in the news. This summer the women have joined in on...more

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