Pivotal Supreme Court Cases on Gender Discrimination
While gender discrimination continues to be an issue in the workplace, many female employees have successfully brought their gender discrimination cases to court. Here are some cases of gender discrimination in the workplace and beyond.
First Women’s Rights Title VII Case in the Supreme Court
In 1966, Martin Marietta Corporation refused applications from women with preschool-age children. Due to this, Ida Phillips was unable to submit a job application. However, Martin Marietta Corp. did employ men with preschool-age children during this time. Phillips decided to sue, alleging that the denial of employment based on her sex was a direct violation of the Civil Rights Act of 1964.
In Phillips v. Martin Marietta, the Supreme Court held that an employer cannot refuse to hire women with young children while simultaneously employing men who have children of the same or similar age. Any employer that fails to do so is in violation of the Civil Rights Act of 1964. Phillips v. Martin Marietta is often considered as the first women’s rights Title VII case in the Supreme Court – ruling that persons with similar qualifications must be given equal employment opportunities regardless of sex.
Legislation Discriminating Against Women is Unconstitutional
In Idaho, the law specified that “males must be preferred to females” when appointing estate administrators. Following the death of their adopted son, Sally and Cecil Reed individually sought to be named the administrator of their son’s estate. The couple was separated. According to the Idaho Probate Code, Cecil was to become the appointed administrator of the estate. Sally decided to challenge the Probate Code in court.
The Supreme Court unanimously decided that differential treatment of women and men under the law was unconstitutional. The majority opinion states that “to give a mandatory preference to members of either sex over members of the other… is to make the very kind of arbitrary legislative choice forbidden by the Equal Protection Clause of the Fourteenth Amendment… The choice in this context may not lawfully be mandated solely on the basis of sex.”
The Equal Protection Clause of the Fourteenth Amendment states that “No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.” Reed v. Reed is a landmark case as it marks the first time gender discrimination is considered unconstitutional under the Fourteenth Amendment.
Related: Gender Discrimination vs. Gender Inequality: The Difference
Prohibiting Sexual Orientation and Gender Discrimination Nationwide
A more recent case that has made a monumental stride in fighting gender discrimination is Bostock v. Clayton County. In 2020, the Supreme Court issued another landmark decision. Bostock extended employment discrimination protections to LGBTQ+ employees nationwide.
Title VII of the Civil Rights Act of 1964 outlaws discrimination in the workplace on the basis of race, color, religion, sex, or national origin. However, it does not explicitly mention sexual orientation or gender discrimination. Prior to the ruling, courts faced contention surrounding what Title VII’s prohibition of discrimination based on “sex” covers. Bostock provides a clear answer that ends all possible disagreements.
Bostock v. Clayton County focuses on Gerald Bostock, a gay man, worked as a child welfare advocate in Clayton County. Throughout his 10-year career, he received nothing short of positive performance evaluations and numerous awards. In 2013, Bostock joined a gay recreational softball league. Shortly after joining, Bostock started to receive criticism at work. He faced disparaging comments from co-workers. Clayton County informed him that the county would be conducting an internal audit of the funds he managed. Not long after, Bostock was terminated from his job for alleged unbecoming conduct. He filed a pro se lawsuit against the county alleging discrimination.
The Court’s decision is monumental as it prohibits an employer from discriminating against an employee based on sexual orientation or gender identity.
Related: Gender Discrimination Laws in California
FAQs About Gender Discrimination Court Cases
What is gender discrimination?
Gender discrimination is differential treatment based on an individual’s gender. This often manifests through various forms in the workplace, including but not limited to:
- Not being hired based on gender
- Being evaluated more harshly based on gender
- Being paid less than a person of different sex who is similar in qualifications or less qualified
- Being denied a promotion, pay raise, or training opportunity based on gender
Related: How to Prove Workplace Gender Discrimination in California
What should I do if I’m facing gender discrimination?
If you believe you are facing gender discrimination in the workplace, you have numerous options for legal action. You can first report the discriminatory behavior to Human Resources or your employer. Make sure to make copies of your complaint or report. If you are a member of a union, you can talk to your union representative about filing a grievance. Consider filing a complaint of discrimination with a government agency – such as the Equal Employment Opportunity Commission (EEOC), or your state’s Fair Employment Practices Agency.
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