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 and is currently serving as the Herman Phleger Visiting Professor at Stanford Law School.  She is an expert in sex discrimination law. She is the author or editor of nine books, including The Walled Garden: Law and Privacy in Modern Society (2022) (with Lawrence Friedman); Nine to Five: How Gender, Sex and Sexuality Continue to Define the American Workplace (2016); and Inside the Castle: Law and the Family in 20th Century America (2011) (with Lawrence Friedman). She writes extensively on family law, especially on state regulation of marriage and parentage.

Columns by Joanna L. Grossman
Holy Dictum: Federal Judge Rejects Protection Against Transgender Discrimination in “Elegant Aside”

SMU Dedman School of Law professors Joanna L. Grossman and Grant M. Hayden comment on a concurring opinion by a Fifth Circuit judge that goes well out of its way to make illogical arguments regarding transgender discrimination under Title VII. Grossman and Hayden briefly describe the history of courts’ interpretation of Title VII and explain, point by point, why Judge James Ho’s writing is merely an “op-ed piece masquerading as a concurring opinion.”

On Anniversary of Roe v. Wade, New York Moves to Shore Up Reproductive Rights

SMU Dedman School of Law professor Joanna L. Grossman comments on New York Governor Andrew Cuomo’s signing into law the Reproductive Health Act, which eliminates disparities between the federal constitutional standard and New York’s statutory standard preserving a woman’s right to terminate a pregnancy. Grossman describes the evolution of abortion rights in the United States and points out that New York’s move to safeguard this right comes at a time when the US Supreme Court might rule to overturn its precedent, and ironically, on the 46th anniversary of the Court’s historic decision in Roe v. Wade.

Run, Baby, Run: Federal Court (Correctly) Sends Pregnancy Discrimination Case to Trial

SMU Dedman School of Law professor Joanna L. Grossman praises a recent decision by a federal district court allowing a claim of pregnancy discrimination to go to trial and denying the employer’s motion for summary judgment. Grossman describes the factual and legal background of the case and explains how the court used two methods to find that the case should go to trial on the merits.

At Least for Now, Women Have Reproductive Rights

SMU Dedman School of Law professor Joanna L. Grossman discusses a recently introduced Ohio bill that would ban abortion, regardless of circumstances. Grossman notes that while this bill may not ever be signed into law, a growing trend in recent years has seen many nearly as extreme bills become law in other states. Grossman argues that federal courts will follow Supreme Court precedent and hold most of these recently passed abortion bills invalid but cautions that the Supreme Court’s increasingly conservative lineup of justices may one day invalidate existing precedent, paving the way for the passage of similar bills.

A Sharp Backward Turn: Department of Education Proposes to Protect Schools, Not Students, in Cases of Sexual Violence

In this second of a two-part series, SMU Dedman School of Law professor Joanna L. Grossman and University of Pittsburgh law professor Deborah L. Brake revisit Title IX and the Department of Education’s proposal to rework how sexual assault and harassment claims are addressed by educational institutions that receive federal funds. Grossman and Brake argue that the Department’s proposed changes will ultimately result in a chilling effect on victims of sexual harassment coming forward and reporting their abuse.

A Sharp Backward Turn: Department of Education Proposes to Undermine Protections for Students Against Sexual Harassment and Assault

SMU Dedman School of Law professor Joanna L. Grossman and University of Pittsburgh law professor Deborah L. Brake discuss a proposal by the Department of Education that would roll back Obama-era guidance on how claims of sexual assault and harassment are handled by educational institutions that receive federal funding. In part one of this two-part series, Grossman and Brake provide historical background on Title IX, explain regulations implemented during the Obama administration, and touch on how the Trump administration’s rollback may affect student victims of sexual assault and harassment.

Beneath the Fray: Federal Courts Continue the Work of Enforcing Sexual Harassment Laws

SMU Dedman School of Law professor Joanna L. Grossman comments on a recent decision by a federal court in Florida correctly denying an employer’s motion for summary judgment in a workplace rape case that deserves a full trial on the merits. Grossman points out that anti-discrimination law is not sufficient to eliminate, or even substantially reduce, the incidence of sexual harassment at work, but it is unquestionably necessary to address that problem and protect survivors.

Texas Judges Give Unconstitutional Fetal Remains Law a Proper Burial

SMU Dedman School of Law professor Joanna L. Grossman comments on a recent decision by a Republican-appointed federal judge striking down (yet another) unconstitutional Texas law that would have required embryonic and fetal remains to be given a “proper” burial. Grossman explains that the judge correctly found the Texas law would have placed an undue burden on women while its purported benefits were “de minimis” at best, in violation of the US Supreme Court’s decision in Planned Parenthood v. Casey.

The Sex Trifecta: United Airlines Sued Over Pilot Who Tormented Flight Attendant with Stalking, Revenge Porn, and Harassment

SMU Dedman School of Law professor Joanna L. Grossman comments on a lawsuit recently filed by the EEOC against United Airlines alleging that the airline failed to protect a female flight attendant from sexual harassment by a pilot, in violation of its obligations under federal anti-discrimination law. Grossman argues that while United is entitled to its day in court, it will need compelling evidence to refute the allegations in the EEOC's complaint.

“Deadly Deliveries”: USA Today Report Sheds Disturbing Light on Shocking Rates of Maternal Mortality in the United States

SMU Dedman School of Law professor Joanna L. Grossman discusses the findings of a recent USA Today investigation that reveals that maternal mortality rates in the United States are rising, even as they fall globally. Grossman explains that some states, such as California, have put substantial resources into investigating the causes of maternal mortality and implementing changes to address it, while other states, such as Texas, are adhering to ideologically driven policies that endanger infant and maternal health.

The Best Laid Plans: New York Court Considers Effect of Couple’s Pre-adoption Agreement

SMU Dedman School of Law professor Joanna L. Grossman comments on a recent decision by an appellate court in New York clarifying the rights of two adults who had a pre-adoption agreement but separated before actually adopting a child. Grossman praises the court for using language that would preserve the rights of lesbian co-parents broadly, but finding that the woman in this particular case is not a co-parent.

The Aftermath of the #MeToo Movement

SMU Dedman School of Law professor Joanna L. Grossman gives a brief overview of the #MeToo movement and describes the great strides our society has made, yet also the challenges it still faces. Specifically, Grossman points out that it is now time for businesses and lawmakers to figure out how best to prevent sexual harassment while protecting women’s career opportunities.

End of an Era: New Jersey Legalizes Surrogacy, 29 Years After Baby M

SMU Dedman School of Law professor Joanna L. Grossman comments on the New Jersey legislature’s recent passage of a bill to legalize gestation surrogacy. Grossman describes the long battle over surrogacy in that state, from the nationally influential decision by its supreme court, In the Matter of Baby M, to two surrogacy bills passed by the legislature but vetoed by then-Governor Chris Christie, to the present bill signed into law by Governor Phil Murphy.

The Last Roar of the ‘Liberal Lion’: Judge Stephen Reinhardt Reverses Ruling That Would Have Allowed Employers to Justify Women’s Lower Wages by Prior Salaries

SMU Dedman School of Law professor Joanna L. Grossman describes the last ruling by the late Judge Stephen Reinhardt, in which Reinhardt, writing for the Ninth Circuit en banc, reversed an interpretation of the Equal Pay Act that allowed employeers to justify paying female employees less than their male counterparts based on salary history. Grossman explains why the ruling is a correct interpretation of the Equal Pay Act and notes that the decision underscores Judge Reinhardt’s reputation as a staunch defender of equality and justice.

Fly Away: Why the New York City Human Rights Commission is Right to Investigate The Wing, a Private Club and Workspace that is Just for Women

SMU Dedman School of Law professor Joanna L. Grossman considers whether New York’s all-female private social club, The Wing, violates that state’s public accommodations law. Grossman reviews the relevant case law and concludes that The Wing will likely have difficulty arguing that should be exempt from the public accommodations law under First Amendment or public policy grounds.

The War Over Women’s Health: The Supreme Court Considers Validity of California Law Mandating that Anti-Abortion Pregnancy Centers Disclose if They Are Not Licensed

SMU Dedman School of Law professor Joanna L. Grossman comments on the recent oral argument in NIFLA v. Becerra, in which so-called Crisis Pregnancy Centers challenge California’s Reproductive FACT Act as violating their First Amendment right to free speech by requiring posted information about medical licensure and abortion. Grossman points out that Justices Stephen Breyer and Sonia Sotomayor seemed to believe that if California’s FACT Act violates the First Amendment, then so too would laws in other states requiring that doctors engage in anti-abortion (or abortion-deterrent) speech.

Misgoverning Missouri: Sex, Privacy, and the Leering Eye of the Camera

Joanna L. Grossman, SMU Dedman School of Law professor, and Lawrence M. Friedman, a Stanford Law professor, comment on the legal trouble facing Missouri governor Eric Greitens for allegedly taking a nonconsensual compromising photo of a woman with whom he was having an affair. Grossman and Friedman describe the relatively new state statute under which Greitens was charged and explain some of the nuances of that law.

The Price of Spyware: New York Husband Denied Marital Assets Because He “Hacked” the Process

SMU Dedman School of Law professor Joanna L. Grossman comments on a recent decision by a New York trial court finding a man's egregious use of spyware to eavesdrop on his wife's conversations with her lawyer during their ongoing divorce, and his destruction of the evidence of the spying, supported denying him marital assets in the divorce. Grossman describes the very standard for considering whether to consider fault when awarding alimony and argues that the court arrived at the correct conclusion in this extraordinary circumstance.

Take a Flying Leap: The Second Circuit Holds That Skydiving Instructor Can Sue for Sexual Orientation Discrimination Under Title VII

SMU Dedman School of Law professor Joanna Grossman comments on a decision by the US Court of Appeals for the Second Circuit, sitting en banc, holding that sexual orientation discrimination is an actionable form of sex discrimination under Title VII of the Civil Rights Act of 1964. Grossman explains the significance of the holding and describes the circuitous route federal courts have taken to finally arrive at that common-sense conclusion.

New York: The City That Never Sleeps . . . in a State That Never Updates Its Parentage Laws

SMU Dedman School of Law professor Joanna L. Grossman comments on a difficult case in New York that illustrates that state's need for clear legislative direction regarding parentage and modern families. Grossman describes the background of the case and explains how the lack of comprehensive parentage laws leads to unpredictable and often undesirable results.