Case Law Review on Gender and Sexual Harassment

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Questions and Answers

What is the primary legal challenge related to abortion access discussed?

A state law allowing unrestricted access to abortion.

A law allowing abortion only in cases of rape.

A law prohibiting all forms of abortion.

A Texas law limiting abortion to save the mother's life. (correct)

Which of the following historical sources was NOT mentioned as a context for abortion law interpretation?

Modern medical ethics. (correct)

Hippocratic oath.

Ancient attitudes toward abortion.

American law distinctions before and after quickening.

What did the majority opinion in the case suggest about privacy under liberty?

Privacy concerns must be adjudicated by the court.

Privacy is not recognized in the due process clause.

Privacy only applies to individual thoughts. (correct)

Privacy extends to both thoughts and behaviors.

What historical context influenced the court's decision in Bowers v. Hardwick?

Longstanding national values against sodomy. Signup and view all the answers

What framework did the court establish for regulating abortion access?

A trimester framework. Signup and view all the answers

What was the outcome of Lawrence v. Texas (2003)?

The court invalidated laws criminalizing homosexual acts. Signup and view all the answers

According to the historical context, when was performing an abortion considered a misdemeanor?

Before the fetus moves. Signup and view all the answers

What was the specific law involved in the arrests of Lawrence and his partner?

Deviate sexual intercourse law. Signup and view all the answers

What does the state of Texas argue regarding when life begins?

Life begins at conception. Signup and view all the answers

Which of these best describes the dissenting opinion in the case discussed?

It emphasized the right to privacy was violated. Signup and view all the answers

Which important ethical guide for the medical profession opposes abortion?

The Hippocratic Oath. Signup and view all the answers

What major legal question is raised regarding the fetus?

Whether a fetus has 14th Amendment rights. Signup and view all the answers

What factor did the court consider when ruling on the Georgia sodomy law?

The historical context surrounding sodomy laws. Signup and view all the answers

What is the role of the state's compelling interest standard in abortion law?

To balance the health of the mother with the fetus's life. Signup and view all the answers

Why was the involvement of police in Lawrence's case significant?

It was based on a reported weapons disturbance. Signup and view all the answers

What distinction was made between sodomy and homosexuality in the court's ruling?

Homosexuality is protected as a thought, but not as behavior. Signup and view all the answers

What standard was established as a result of the Planned Parenthood case regarding abortion restrictions?

The Undue Burden Standard Signup and view all the answers

Which of the following was a key issue in the Whole Woman’s Health v. Hellerstedt case?

Requirement for admitting privileges at hospitals Signup and view all the answers

What did the court conclude regarding abortion restrictions that impose an undue burden?

They are unconstitutional. Signup and view all the answers

What aspect of the law was struck down in Pennsylvania concerning married women seeking abortions?

Requirement to notify spouse Signup and view all the answers

Which of the following describes the effect of laws requiring abortion clinics to meet ambulatory surgical center standards?

They improve safety but limit access. Signup and view all the answers

What major interest does the state have concerning abortion rights as clarified in the outlined cases?

Protecting the life of the unborn Signup and view all the answers

In the context of abortion laws, what does 'undue burden' refer to?

Significant obstacles in accessing abortion services. Signup and view all the answers

How did the Whole Woman’s Health ruling affect Texas abortion laws?

It invalidated certain restrictive requirements. Signup and view all the answers

What does the EEOC require for a conduct to be actionable under sexual harassment laws?

There must be a pattern of harassment. Signup and view all the answers

What is the distinction between supervisor liability and co-worker liability under EEOC guidelines?

Supervisor liability is based on strict liability, while co-worker liability is based on negligence. Signup and view all the answers

Under Title VII of the CRA, what types of discrimination are specifically prohibited?

Discrimination based on race, color, religion, sex, or national origin. Signup and view all the answers

Which of the following scenarios would NOT typically be considered actionable harassment?

A single vulgar comment made in passing. Signup and view all the answers

When can an employer be held liable for the actions of their supervisors under EEOC guidelines?

Regardless of whether the conduct was authorized or forbidden. Signup and view all the answers

What must an employer demonstrate to avoid co-worker liability for harassment?

That they took immediate and appropriate corrective action. Signup and view all the answers

What principle is applied when analyzing allegations of sexual harassment?

The totality of circumstances and context of the conduct. Signup and view all the answers

What are normal interactions between the sexes that are typically not actionable according to EEOC guidelines?

Requesting a date and compliments. Signup and view all the answers

Which statement best describes the court's conclusion regarding Title IX and federal funding?

The court found that federal funding was only indirect through student tuition. Signup and view all the answers

What was the dissenting opinion regarding the college's federal funding?

The college directly benefited from federal assistance through tuition. Signup and view all the answers

What does the Civil Rights Restoration Act stipulate regarding colleges receiving federal funding?

They must adhere to Title IX across all offices and organizations. Signup and view all the answers

What was the main issue in the Goldberg v. Kelly case?

Termination of welfare benefits without proper notice. Signup and view all the answers

What procedural process was lacking in New York state's termination of benefits?

Opportunity for cross-examination of witnesses. Signup and view all the answers

What principle did the Supreme Court uphold in Goldberg v. Kelly regarding government benefits?

An evidentiary hearing is required before benefits can be terminated. Signup and view all the answers

How did the court interpret the relationship between student tuition and federal funding?

Tuition is merely a mechanism for indirect federal funding. Signup and view all the answers

What did the Department of Education conclude regarding the college's financial assistance?

The college was considered a recipient of federal assistance due to tuition payments. Signup and view all the answers

What precedent was established regarding education as a property interest under Ohio law?

It mandates a notice and hearing before suspension. Signup and view all the answers

What are the components of the 3-part test established by SCOTUS for due process requirements?

Private interest, risk of erroneous deprivation, and government interest. Signup and view all the answers

In the Mathews v. Eldridge case, what was Eldridge's main argument regarding his social security benefits?

He required an evidentiary hearing before termination. Signup and view all the answers

What factor was deemed important in assessing the administrative decision-making process in Eldridge's case?

The potential deprivation created by the decision. Signup and view all the answers

What was the ultimate ruling regarding the termination of Eldridge's disability benefits?

It was justified due to his recovery. Signup and view all the answers

What does the balancing test established in Mathews v. Eldridge aim to achieve?

To weigh individual rights against government interests. Signup and view all the answers

Which case served as a precedent in establishing the 3-part test for due process in administrative hearings?

Goldberg v. Kelly Signup and view all the answers

How did the existing procedures factor into the court's decision in Eldridge's case?

They were sufficient given the medical context. Signup and view all the answers

Study Notes

Summary of Case Law Review

Court cases reviewed explore various aspects of gender in the legal system.

Barnes v. Train (1974)

Sexual harassment is not considered sex discrimination; it's a private matter.
Focus is on unwanted sexual advances by a supervisor.
Issue of whether termination was due to refusal of a sexual relationship not gender.

Corne and DeVance v. Bausch and Lomb (1975)

Sexual advances by supervisors aren't considered sexual discrimination.
The cases emphasize that these advances are not company policy but personal urges.

Miller v. Bank of America (1976)

Sexual harassment is not deemed actionable under title 7 of the CRA.
Actions aren't sufficiently linked to employment to be considered discrimination.

Tompkins v. Public Service Electric and Gas Co. (1976)

Sexual harassment by a supervisor isn't sex discrimination protected under title 7.
The court held that a male supervisor's sexual harassment doesn't constitute discrimination.

Meritor Savings Bank v. Vinson (1986)

Hostile work environments due to sexual harassment are violations of title 7.
The bank was deemed responsible for the manager's sexual harassment.

Harris v. Forklift Systems (1993)

Hostile work environment sexual harassment falls under title 7, regardless of psychological effect.
The court made the standard of proof a reasonable person would perceive, even if there is no psychological damage by the harassment.

Oncale v. Sundowner Offshore Services (1998)

Same-sex sexual harassment is actionable under title 7 of the CRA.
The court acknowledged that the same-sex sexual harassment is actionable and that the language "because of sex" in the law protects both men and women from discrimination.

Vance v. Ball State University (2013)

SCOTUS established the rule defining "supervisor" for workplace harassment cases.
An employee must be empowered to take tangible employment actions against the victim for the employer to be responsible for the supervisor’s actions.

Grove City College v. Bell (1984)

When students receive financial aid, Title 9 requirements apply only to the specific program receiving aid.
Title 9 does not violate the 1st amendment right to not take federal funding.

Goldberg v. Kelly (1970)

Public school students are entitled to notice and a hearing before suspension.
Students have a recognized liberty and property interest in public education, requiring due process if suspension is considered seriously damaging.

Mathews v. Eldrige (1976)

A three-part test was established to determine when due process requirements a pre-termination hearing for government benefits.
The test weighs individual's interest, risk of error, and government's interest in efficient administration .

Commonwealth v. McAfee (1871)

A husband doesn't have the right to kill their wife under the doctrine of chastisement.
Court cases ruled against the use of chastisement as a valid defense.

Fulgham v. State of Alabama (1971)

The doctrine of chastisement is no longer a valid defense.

U.S. v. Morrison (2000)

VAWA (Violence Against Women Act) was deemed unconstitutional in its scope of power by the Commerce Clause and 14th amendment's equal protection clause.
This ruling limited Congress's power in passing such legislation.

Reed v. Reed (1971)

Gender-based discrimination violates the 14th amendment's equal protection clause.
Gender cannot be the sole determining factor in administrative decisions (in this case, who gets administratrix of estate).

Frontiero v. Richardson (1973)

Laws that provide benefits for spouses of only male but not female service members are unconstitutional.

Ledbetter v. Goodyear Tire & Rubber Co. (2007)

A title 7 pay discrimination claim can't be based on pay decisions that precede the timeframe of the EEOC charge filing.
Time limitations prevent the claims.

Masterpiece Cakeshop LTD v. Colorado Civil Rights Commission (2018)

Colorado Civil Rights Commission actions violated the Religious Freedom Restoration Act.
The bakers' right to religious freedom was violated.

Muller v. Oregon (1908)

The state's right to regulate women's work hours was upheld on grounds of health.
The court considered the interest of protecting the health of women in the work-place.

###Griswold v. Connecticut (1965)

Recognized a right to privacy, which includes the decision to use contraceptives.
The court established that this right was implied in the Constitution.

Roe v. Wade (1973)

A woman's right to an abortion is a constitutionally protected right before viability under privacy rights.
The court created a trimester framework to regulate abortion access based on pregnancy stages.

Planned Parenthood v. Casey (1992)

Laws creating a substantial obstacle to obtaining an abortion before viability are unconstitutional.

Whole Woman's Health v. Hellerstedt (2016)

Texas laws requiring admitting privileges for abortion providers and meeting ambulatory surgical center standards were deemed unconstitutional.

Dobbs v. Jackson Women's Health Organization (2022)

The constitution does not confer a right to abortion.
States have the authority to regulate or ban abortion access.

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Description

This quiz reviews significant court cases concerning gender issues in the legal system, particularly focusing on sexual harassment and its classification. Explore landmark cases such as Barnes v. Train and Miller v. Bank of America, examining how the courts have defined and interpreted sexual advances in relation to discrimination law.