Joanna L. Grossman
Joanna L. Grossman

Joanna L. Grossman is the Ellen K. Solender Endowed Chair in Women and Law at SMU Dedman School of Law.  She is an expert in sex discrimination law. Her most recent book, Nine to Five: How Gender, Sex, and Sexuality Continue to Define the American Workplace (Cambridge University Press 2016), is a lively and accessible introduction to the laws, policies, and practices that shape women’s lives at work. She also writes extensively on family law, especially on state regulation of marriage and parentage. She chronicles contemporary developments in parentage law in her blog, Are You My Mother?. She is also an author of Inside the Castle: Law and the Family in 20th Century America (Princeton University Press 2011), a comprehensive social history of family law. She is the co-author of Gender & Law: Theory Doctrine & Commentary (6th ed. 2013); the co-editor of Gender Equality: Dimensions of Women’s Equal Citizenship (Cambridge University Press 2009); and the co-editor of Family Law in New York (Carolina Academic Press 2015).

Columns by Joanna L. Grossman
Two’s Company: How About Three or More?

SMU Dedman School of Law professor Joanna L. Grossman and Stanford law professor Lawrence M. Friedman discuss an amendment to Utah’s law against bigamy that recently went into effect. Grossman and Friedman provide a short history of bigamy and polygamy laws in the United States and explain how and why the laws are evolving.

Paid Labor: Eleventh Circuit Protects Rights of Pregnant Worker

Joanna L. Grossman, law professor SMU Dedman School of Law, and Cynthia Thomas Calvert, principal of Workforce 21C and a senior advisor for family responsibilities discrimination to the Center for WorkLife Law at UC Hastings, comment on a recent decision by the U.S. Court of Appeals by the Eleventh Circuit protecting the rights of a pregnant worker. Grossman and Calvert describe the lower court’s ruling and the appellate court’s decision reversing it, calling the decision “a step forward for the rights of pregnant women.”

Law in the Time of Corona

SMU Dedman School of Law professor Joanna L. Grossman and Stanford law professor Lawrence M. Friedman discuss the implications of COVID-19 restrictions on the execution of wills and marriage. Grossman and Friedman point out that the COVID-19 crisis demonstrates, among other things, how quickly and universally Americans rush into court, demanding from judges legal solutions to ethical, political, and social issues.

Unconstitutional Chaos: Abortion in the Time of COVID-19

SMU Dedman School of Law professor Joanna L. Grossman and Florida State University law professor Mary Ziegler discuss the abortion bans implemented in several states in response to the COVID-19 pandemic. Grossman and Ziegler explain why the bans are unconstitutional and comment on the connection between the legal challenges to those bans and the broader fight over abortion rights.

Local Control: Massachusetts Law Provides Stronger Protection Against Sexual Harassment than Federal Law

SMU Dedman School of Law professor Joanna L. Grossman comments on a recent decision by a federal district court applying Massachusetts law that demonstrates the power of tough state antidiscrimination laws. Grossman describes the facts of the case and the differences between Massachusetts and federal law and explains why robust state laws have the power to hold institutions liable when they delegate authority to those who abuse it.

“He Took It Like a Man”: Harvey Weinstein’s Conviction and the Limits of Discrimination Law

SMU Dedman School of Law professor Joanna L. Grossman comments on the recent conviction of Harvey Weinstein for criminal sexual assault in the first degree and rape in the third degree. Grossman points out that our country’s antidiscrimination laws do not actually protect the people they intend to protect, instead focusing on employer policies and procedures. She argues that we should take this opportunity to learn from the system of criminal law, which did work in this case, to fix the antidiscrimination laws that purport to protect against sexual harassment and misconduct.

Letting His Hair Down: Why a School District in Texas Is Wrong to Deprive a Male Student of an Education Because of the Length of His Hair

SMU Dedman School of Law professor Joanna L. Grossman and Duke law professor Katharine T. Bartlett explain why a public school district in Texas violated both the federal Constitution and Title IX by having (and enforcing) a hair-length policy for boys but not for girls. Grossman and Bartlett describe the facts of the case and the legal landscape for sex-specific dress and appearance policies before concluding that the school district’s decision to enforce the policy was not only poor judgment but illegal.

A Win for Equal Pay: The Third Circuit Court of Appeals Upholds A Law Designed to Address Wage Gap

SMU Dedman School of Law professor Joanna L. Grossman comments on a recent decision by the U.S. Court of Appeals for the Third Circuit upholding a local law designed to address the wage gap. Grossman describes the landscape of equal pay law and the efforts some states and localities have made to address the inequity.

Dear Harvey: You Are the Spark that Started the #MeToo Movement

Joanna L. Grossman, law professor at SMU Dedman School of Law, reviews how disgraced Hollywood producer Harvey Weinstein started the #MeToo movement. Grossman details the origins of the #MeToo movement, particularly Weinstein’s role, and describes how Weinstein’s despicable behavior helped to illuminate and begin to address sexual misconduct not only by individuals, but throughout entire industries.

Reducing Pregnancy Discrimination, One Accommodation at a Time

SMU Dedman School of Law professor Joanna L. Grossman discusses a recent decision by a federal district court in Louisiana correctly applying the U.S. Supreme Court’s decision in Young v. United Parcel Service. Grossman describes the facts of that case and explains how Young affected the outcome; she argues that many cases decided before Young should come out differently now, but only if courts carefully apply the new standard to the facts before them.

“She Slept Her Way to the Top”: The Fourth Circuit Pushes Back on a Harmful Gender Stereotype

SMU Dedman School of Law professor Joanna L. Grossman comments on a decision by the U.S. Court of Appeals for the Fourth Circuit that spreading a false rumor that a woman “slept her way to the top” constitutes sex discrimination. Grossman points out that this case raises yet another example of the many ways in which working women do not compete on an equal playing field.

The Pregnant Pause: Placing Elizabeth Warren’s Experience of Pregnancy Discrimination in Historical Context

SMU Dedman School of Law professor Joanna L. Grossman comments on the recent revelation by Democratic presidential candidate Elizabeth Warren that she experienced pregnancy discrimination in 1971. Grossman points out that if we as a society are skeptical that pregnancy discrimination was commonplace in 1971, before it became unlawful, then it must be even harder for some to believe that women continue to experience discrimination today.

Three-Ring Circus: The Supreme Court Hears Argument in Three Cases about Protection Against Discrimination for LGBT Workers

SMU Dedman School of Law professors Joanna L. Grossman and Grant M. Hayden discuss several cases set for argument this week before the U.S. Supreme Court raising the question whether Title VII of the Civil Rights Act of 1964 protects against sexual orientation discrimination or transgender discrimination. Grossman ad Hayden describe the history of the protections of Title VII and explain why a textualist reading of Title VII should mandate a ruling protecting employees against sexual orientation and transgender discrimination.

When Friends Preside Over Weddings: Tennessee Fights the Online Ministers

SMU Dedman School of Law professor Joanna L. Grossman comments on a law recently passed (and challenged) in Tennessee that purports to prohibit ministers ordained online from presiding over marriages in that state. Grossman explains why the Tennessee legislature passed the law and why it is being challenged, and she points out that based on the judge’s questions during the proceedings, the state may ultimately have to show at trial how the law is rationally related to its legitimate regulation of entry into marriage—regardless of whether it burdens the free exercise of religion.

Small Steps Forward: New York Legislature Increases Protections for Sexual Harassment Victims

SMU Dedman School of Law professor Joanna L. Grossman describes recently passed anti-discrimination laws in New York that improve protections for victims of sexual harassment and assult. Grossman describes the role of the #MeToo movement in increasing awareness of the prevalence of sexual harassment and assault and praises New York for being a leader in protecting the rights of women.

Junk Science, Junk Law: Eugenics and the Struggle Over Abortion Rights

Joanna L. Grossman, SMU Dedman School of Law professor, and Lawrence M. Friedman, a Stanford Law professor, comment on a decision by the U.S. Supreme Court last month upholding a provision of Illinois law that prescribed the disposition of fetal remains. Grossman and Friedman focus their discussion on Justice Clarence Thomas’s concurring opinion and his discussion of eugenics, which they argue is inapt and a distorted telling of history.

Use It or Lose It: The Supreme Court Gets a Procedural Point About Title VII Unanimously Right

SMU Dedman School of Law professor Joanna L. Grossman comments on a recent unanimous decision by the U.S. Supreme Court clarifying a procedural point about Title VII and the requirements of employees filing discrimination claims in federal court. As Grossman explains, the Court’s opinion correctly minimizes the importance of a technical requirement of employees and might as a result provide greater protection to employees who suffer from workplace discrimination.

Somewhere Over the Rainbow: The Kansas Supreme Court Protects Abortion Rights

SMU Dedman School of Law professor Joanna L. Grossman comments on the recent decision by the Kansas Supreme Court recognizing a state constitutional right to abortion. Grossman explains the historical backdrop of the dispute and describes the reasoning behind the decision of the Kansas Supreme Court.

Bypassing the Constitution: Texas Legislature Considers Bill to Add Burdens to Pregnant Teens

SMU Dedman School of Law professor Joanna L. Grossman comments on a bill under consideration by the Texas legislature that would require appointment of an attorney ad litem to represent an unborn child during a judicial bypass proceeding for an abortion for a pregnant minor. Grossman describes the legal background and explains why the bill is both unconstitutional and unwise.

Separated at Birth: Federal Court Considers Whether Twins Can Be from Different Countries

SMU Dedman School of Law professor Joanna L. Grossman comments or a recent controversy arising from immigration rules that place an undue emphasis on biology in determining when a US-citizen-parent can transmit citizenship to a child born abroad. Grossman calls upon the US State Department to revise its Foreign Affairs Manual to align with the statutory scheme it purports to apply.