Tag Archives: Title VII

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.

SCOTUS LGBT Discrimination Case Will Test Conservative Commitment to Textualism

Cornell law professor Michael C. Dorf comments on three cases in which the US Supreme Court recently granted review that together present the question whether Title VII of the Civil Rights Act of 1964 forbids employment discrimination on the basis of sexual orientation and gender identity. Dorf points out that the cases pose a test for the Court’s conservative majority—whether they will keep faith with their textualist commitment and rule for the plaintiffs or instead follow their conservative social views and rule for the defendant employers.

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.”

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.

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.

Unsolicited Opinion: The Department of Justice Files Brief Urging Court to Block Rights for LGBT Employees

SMU Dedman School of Law professor Joanna L. Grossman and Chicago-Kent College of Law professor Anthony Michael Kreis comment on a brief recently filed by the U.S. Department of Justice arguing that Title VII of the Civil Rights Act of 1964 does not protect against sexual orientation discrimination. Grossman and Kreis point out the flaws in the DOJ’s arguments and explain the dangerous consequences its position will have if it prevails.

Equality for All: Federal Appeals Court Holds in Hively v. Ivy Tech Community College That Title VII Prohibits LGBT Discrimination

SMU Dedman School of Law professor Joanna Grossman comments on a recent decision by the U.S. Court of Appeals for the Seventh Circuit, sitting en banc, in which it unequivocally held that Title VII prohibits LGBT discrimination. Grossman describes the history leading up to this momentous decision and applauds the court for getting it right.

Another Senseless Act of Destruction: The Trump Administration Undermines Protections for Transgender Students

SMU Dedman School of Law professor Joanna Grossman argues that the decision by the Trump Administration to roll back protections for transgender students is mean-spirited and serves no legitimate purpose. Grossman briefly describes the history of the recognition of transgender rights under federal statutes and explains why protections for transgender students make far greater legal sense than denying those protections.

Raise the Rainbow Flag: Federal Court Rules that Title VII Bans Sexual Orientation Discrimination

SMU Dedman School of Law professor Joanna L. Grossman comments on a recent decision by a federal district court in Pennsylvania holding that Title VII bans sexual orientation discrimination. Grossman describes the gradual recognition of sexual orientation discrimination as a cognizable injury under Title VII and praises the court for coming to the correct conclusion.

The Problem With the Texas Federal Court’s Nationwide Order Regarding Bathroom Access for Transgender Students

Illinois Law dean and professor Vikram David Amar and U.C. Davis Law professor Courtney Joslin discuss a recent decision by a federal district court in Texas issuing a nationwide order regarding bathroom access for transgender students. Amar and Joslin explain why the order almost certainly oversteps that court’s authority without providing any reasons or analysis to justify its overbroad relief.

Seventh Circuit Criticizes but Affirms Title VII Precedent Excluding Sexual Orientation

Attorney and editor at Justia, Sarah Andropoulos comments on a recent decision by a panel of the U.S. Court of Appeals for the Seventh Circuit criticizing but affirming courts’ exclusion of sexual orientation discrimination from protection under Title VII. As Andropoulos explains, the panel’s reasoning is somewhat convoluted, and its conclusion does not seem to follow from its logic.

The Thin Pink Line: Policing Gender at Every Corner

Hofstra University law professors Joanna L. Grossman and Grant M. Hayden explain how recent controversies over same-sex marriage, transgender use of bathroom, and differentiated high school graduation attire for males and females reflect a collective unwillingness to blur gender lines. Grossman and Hayden further describe how these controversies are really simply part of a larger game of gender oppression.

Distinction Without a Difference: Federal Court Says Sexual Orientation Discrimination Is Sex Discrimination

Hofstra University law professor Joanna Grossman discusses a recent decision by a federal district court denouncing the legal distinction between sex discrimination and sexual orientation discrimination. Grossman praises the reasoning behind the decision and expresses hope that other courts will follow suit in recognizing “as illusory and artificial” any distinction between the two brands of discrimination.

Meet our Columnists

Vikram David Amar
Vikram David Amar

Vikram David Amar is the Dean and Iwan Foundation Professor of Law at the University of Illinois... more

Neil H. Buchanan
Neil H. Buchanan

Neil H. Buchanan, an economist and legal scholar, holds the James J. Freeland Eminent Scholar... more

Sherry F. Colb
Sherry F. Colb

Sherry F. Colb is the C.S. Wong Professor of Law at Cornell University. Colb teaches courses in... more

John Dean
John Dean

John Dean served as Counsel to the President of the United States from July 1970 to April 1973.... more

Michael C. Dorf
Michael C. Dorf

Michael C. Dorf is the Robert S. Stevens Professor of Law at Cornell University Law School. He... more

Joanna L. Grossman
Joanna L. Grossman

Joanna L. Grossman is the Ellen K. Solender Endowed Chair in Women and Law at SMU Dedman School... more

Marci A. Hamilton
Marci A. Hamilton

MARCI A. HAMILTON is the Robert A. Fox Leadership Program Professor of Practice, and Fox Family... more

Joseph Margulies
Joseph Margulies

Mr. Margulies is a Professor of Law and Government at Cornell University. He was Counsel of... more

Lesley Wexler
Lesley Wexler

Lesley Wexler is a Professor of Law at the University of Illinois College of Law. Immediately... more