The Missouri Supreme Court issued a pair of rulings on February 26, reversing circuit court dismissals of sex discrimination lawsuits by gay and transgender plaintiffs. Lampley v. Missouri Commission on Human Rights, 2019 WL 925557, 2019 Mo. LEXIS 52; R.M.A. v. Blue Springs R-IV School District, 2019 WL 925511, 2019 Mo. LEXIS 54. In both cases, the court was sharply split, and in neither opinion did the Court hold that sexual orientation or gender identity … <Read More>
sex stereotypes
Autistic Student Subjected to Homophobic Bullying May Proceed on Title IX and Equal Protection Claims
In an early application of the 7th Circuit’s ruling in Hively v. Ivy Tech Community College, 853 F.3d 339 (Apr. 4, 2017), U.S. District Judge James D. Peterson of the Western District of Wisconsin (which is in the 7th Circuit) ruled that an autistic man who used to be a student in the Eau Claire Area School District can maintain his action under Title IX and the Equal Protection Clause on a claim … <Read More>
Landmark Federal Appeals Ruling Holds Sexual Orientation Discrimination Violates Title VII
The full bench of the U.S. Court of Appeals for the 7th Circuit, based in Chicago, substantially advanced the cause of gay rights on April 4, releasing an unprecedented decision in Kimberly Hively v. Ivy Tech Community College, 2017 WL 1230393, holding that Title VII of the Civil Rights Act of 1964, which applies generally to all employers with fifteen or more employees as well as many federal, state and local government operations, prohibits … <Read More>
11th Circuit Panel Splinters Over Lesbian’s Appeal of Title VII Dismissal
A three-judge panel of the Atlanta-based U.S. Court of Appeals for the 11th Circuit issued a divided ruling on March 10 holding that a lesbian plaintiff suing for discrimination under Title VII of the Civil Rights Act of 1964 could file an amended complaint alleging that she suffered discrimination because of sex stereotyping, but upholding the district court’s dismissal of her claim that sexual orientation discrimination violates the statute. A dissenting judge, agreeing with … <Read More>
N.Y. Federal Judge Refuses to Remand Sexual Orientation Discrimination Claim to State Court
Elizabeth Koke filed an action in New York State Supreme Court against the City University of New York, The Feminist Press and its executive director, Jennifer Baumgardner, alleging that she suffered unlawful employment discrimination because of her gender and actual or perceived sexual orientation in violation of Title VII and the New York State and City Human Rights laws, and also asserting other state law claims. CUNY, “with the consent of the other defendants,” removed … <Read More>
Federal Court Refuses to Dismiss Sexual Orientation Discrimination Claim Under Title IX
United States District Judge Dean D. Pregerson ruled on December 15 that two students at Pepperdine University could sue the school for sexual orientation discrimination under Title IX, a federal statute that prohibits sex discrimination by educational institutions that receive federal money. Videckis v. Pepperdine University, 2015 U.S. Dist. LEXIS 167672 (C.D. Calif.). The ruling rejecting the school’s motion to dismiss the discrimination claims advanced by Haley Videckis and Layana White is the first under … <Read More>