Jody Feder
Legislative Attorney
In its sex discrimination decisions, the United States Supreme Court not only has defined the applicability of the equal protection guarantees of the Constitution and the nondiscriminatory policies of federal statutes, but also has rejected the use of gender stereotypes and has continued to recognize the discriminatory effect of gender hostility in the workplace and in schools. This report focuses on sex discrimination challenges based on: the equal protection guarantees of the Fourteenth and Fifth Amendments; the prohibition against employment discrimination contained in Title VII of the Civil Rights Act of 1964; and the prohibition against sex discrimination in education contained in Title IX of the Education Amendments of 1972. Although this report focuses on recent legal developments in each of these areas, this report also provides historical context by discussing selected landmark sex discrimination cases.
Despite the fact that the Court’s analysis of sex discrimination challenges under the Constitution differs from its analysis of sex discrimination under the two federal statutes discussed in this report, it is apparent that the Court is willing to refine its standards of review under both schemes to accommodate the novel claims presented by these cases. The Court’s decisions in cases involving Title VII and Title IX are particularly noteworthy because they illustrate the Court’s recognition of sexual harassment in both the workplace and the classroom. During the upcoming 2010-2011 term, the Court is expected to issue a ruling in Thompson v. North American Stainless, a sex discrimination case involving the question of whether Title VII creates a cause of action for third-party retaliation for individuals who have not personally engaged in protected activity.
Date of Report: September 1, 2010
Number of Pages: 21
Order Number: RL30253
Price: $29.95
Follow us on TWITTER at http://www.twitter.com/alertsPHP or #CRSreports
Document available via e-mail as a pdf file or in paper form.
To order, e-mail Penny Hill Press or call us at 301-253-0881. Provide a Visa, MasterCard, American Express, or Discover card number, expiration date, and name on the card. Indicate whether you want e-mail or postal delivery. Phone orders are preferred and receive priority processing.
Legislative Attorney
In its sex discrimination decisions, the United States Supreme Court not only has defined the applicability of the equal protection guarantees of the Constitution and the nondiscriminatory policies of federal statutes, but also has rejected the use of gender stereotypes and has continued to recognize the discriminatory effect of gender hostility in the workplace and in schools. This report focuses on sex discrimination challenges based on: the equal protection guarantees of the Fourteenth and Fifth Amendments; the prohibition against employment discrimination contained in Title VII of the Civil Rights Act of 1964; and the prohibition against sex discrimination in education contained in Title IX of the Education Amendments of 1972. Although this report focuses on recent legal developments in each of these areas, this report also provides historical context by discussing selected landmark sex discrimination cases.
Despite the fact that the Court’s analysis of sex discrimination challenges under the Constitution differs from its analysis of sex discrimination under the two federal statutes discussed in this report, it is apparent that the Court is willing to refine its standards of review under both schemes to accommodate the novel claims presented by these cases. The Court’s decisions in cases involving Title VII and Title IX are particularly noteworthy because they illustrate the Court’s recognition of sexual harassment in both the workplace and the classroom. During the upcoming 2010-2011 term, the Court is expected to issue a ruling in Thompson v. North American Stainless, a sex discrimination case involving the question of whether Title VII creates a cause of action for third-party retaliation for individuals who have not personally engaged in protected activity.
Date of Report: September 1, 2010
Number of Pages: 21
Order Number: RL30253
Price: $29.95
Follow us on TWITTER at http://www.twitter.com/alertsPHP or #CRSreports
Document available via e-mail as a pdf file or in paper form.
To order, e-mail Penny Hill Press or call us at 301-253-0881. Provide a Visa, MasterCard, American Express, or Discover card number, expiration date, and name on the card. Indicate whether you want e-mail or postal delivery. Phone orders are preferred and receive priority processing.
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