Gender and Law Notes PDF

Gender and Law Notes August 14th Password for twen: waffle Looking at a photograph Two preschool children dressed in white Why? People did not have a lot of clothes in olden days and most people were rural...

Gender and Law Notes August 14th Password for twen: waffle Looking at a photograph Two preschool children dressed in white Why? People did not have a lot of clothes in olden days and most people were rural Hand me downs were commonly used Economics- keep clothes in the family- save money Gender norms The baby is Bonnie’s grandfather Gentrification on the blue and pink color Womens magazine Says boys should be pink and girls, blue There were portraits and they just looked so good so that changed What does this mean legally? Colorado supreme court Recent case Someone wanted blue frosting cake And a pink inside This is to celebrate one’s transition in gender Bakery did not support transitions Being currently decided Previous cases are with the customer Color of graduation robes White for women, black for men First reading is crucial Lays out the basic but difficult-to-understand stuff Survey Title 9  Immense consequence Private or public that takes school money and puts it to the federal funds Does not define sex Then who does? Federal courts! Mx is a variation on all mrs, ms, miss Worksheet #1 1. Formal equality, substantive equality, non-subordination theory, difference, and autonomy 2. Formal equality- “the principle that individuals who are alike should be treated alike according to their actual characteristics, rather than stereotypes about them” 3. Justice Ruth Bader Ginsburg 4. Pregnancy or childbearing; it is difficult to argue that you are different when there are sex-linked characteristics that distinguish men and women. 5. Substantive equality looks to the rule’s results or effects rather than the treatment of men and women with and without special barriers 6. Lingering effects of past discrimination- ex. Women being excluded from jobs and then getting paid less than men 7. Biological differences between men and women- like the ability to bear children and breastfeed and social norms and practices that disadvantage women- ex. Social pressures to steer women into lower-paying jobs and to be the primary caretakers 8. Substantive equality does not require either identical or mirror image outcomes. They look to equal treatment and special accommodations in others. 9. They argue for equal access for women to men’s athletic teams, private clubs, and colleges but on separate teams, clubs, and colleges for women to have their special needs met 10. Nonsubordination shifts the focus to the imbalance of power by looking at social constructs that make social arrangements seem more natural and legitimate. 11. Non subordination’s critique of equality is that is maintains men as the reference point or the basic norm to which women are compared. 12. The LGBTQ+ group because they can better understand sex discrimination. 13. Valuing relationships more than individual rights, women being more incterconnectedness than men, favoring an ethic of care over justice or rights models of morality and to use less abstract more contextual forms of reasoning that focus on a dilemma and on going relationships of the parties  14. An objection from nonsubordination theorists is that it may reinforce the subordination historically associated with women’s differences and ignore differences among women like race, ethnicity, class, gender identity, and sexual orientation. 15. Negative rights- autonomy to be freedom from regulation or coercion by the state. An example of a negative is the autonomy to be free from governmental restrictions on obtaining an abortion. Positive rights- freedom to pursue one’s own life goals. An example of positive rights is having the resources and facilities that would enable one to obtain an abortion. 16. The extent to which individuals are capable of making free choices with respect to things like their career choices, whether they want to be pregnant, or want to stay in an abusive relationship. August 19th Gender and law survey 1. Is it legal for a public school to require males but not females to keep their hair short? a. Intermediate scrutiny b. Maybe title 9? 2. It is legal for a school to require a transgender student to use the bathroom/ locker room congruent with the student’s birth certificate? 3. What does Mx. mean? 4. Who is Lia Thomas? Imane Khelif? Lin Yu Ting? 5. Is it legal for business vendors to refuse service based on religious beliefs to same sex or transgender customers? 6. Is it legal to discharge an employee when the employer learns of that person’s same sex marriage? 7. Is it legal for a supervisor to harass another man because he is to “girly”? a. illegal 8. Are U.S. employees entitled to paid parental leave? a. no 9. Can academic institutions be held liable if a student sexually harasses another student? a. Yes and no i. Institution would have to be public 10. Is is legal for an employer to discharge an employee for breastfeeding? a. illegal 11. Is there any state that allows a third alternative for identifying sex on a birth certificate? 12. Is there any jurisdiction on the American continents that permits a three way marriage? a. Colombia 13. What is smell maxxing? Sephora kids? a. Tiktok trends b. They break down gender at young ages SCOTUS decision Title 9 of education Regulations promulgated by Biden The court froze all regulations AND texas has a pending lawsuit From 1972 LOTS has changed since this Gorsuch dissented Maj opinion earlier that he wrote helped expand gender Employment discrimination → title 9 Ausgust 21st Laofer Bright Precedent of the chevron doctrine Supreme court says that federal courts should give preference to the Gorcush interview Not undermining expertise of federal rule but this has happened before Status quo! Alliance for Hippocratice Medicine 5th cir.! Most conservative circuit Reproductive health in amarillo FDA loosened the restrictions on the drug for abortion Did the physiicans have standing to bring the suit? There was no physical harms Autonomy Importance of the right not being treated like others People do have free choice and can do what they want New york waste shirt factory fire Forced people to work in harsh times Doors were locked and could not escape Does a persons sex influence the ability to work when they are an immigrant? Male- gravitate to road work, yard work Work can be segregated  Raising a kid intersex They would just get a scalpel and raise female or male Scalpel problem Born male During circumcision, problem created Raised female but did not feel female Gender dysphoria Adult male continued to try and live life but still struggled Committed suicide When does a skirt become a robe? Could robes or gowns just be long skirts? We dont call it that though for gender issues Worksheet #2 August 26th Dean spades focus is gener identity or sexual identity Trad and biolgoical definition is too narrow 2003- immense legal importance Lawrence v. Texas Private conduct between two adults of the same sex is legalized This could remove the stigma Changed a lot and brought people calm 2015- Obergefell Immense change Pg 16 5.1 percent of non binary Not that much of the population These people are being targeted What has occurred in Texas this weekend? DPS determined to change sex on DL, you cannot rely on court order or even a mistake To get this, you need surgery and documentation that the govt plans to keep Operating on orders from attorney general Why does this matter?  If you want a job, credit check, you need to give ID If this does not be the same thing, likely rejection If you want to change a birth certificate, you need to produce evidence of surgery! This is going through targeting by legislation Send it off to court! 6. Allows a third alternative Sex is binary--society Female rights is advanced by white women What happens to non white women? Or white men? Krenshaw says that black women are ignored Intersectionality Party plaintiff has complex identities that go beyond mere male, female Gender essentialism Multiple identities “Women’s experience” “Black women experience” “Chicano experience” Dowd questions What about men? By focusing on the women it can take away attention from the men Manhood can be gained by impressing other men The bully is the least secure about his manhood and he tries to prove it Do men have their own peking order? Women peking order? Mean girls- bullies How to express masculinity in the workplace? Who bills the most and who stays up later billing? People work 50 hours and collapse from exhaustion  Perpetually being on the clock Only 24 hours on the clock People sometimes smudge the billings Gender stereotypes Ideal father- lower standard Worksheet #3 Length of hair is important Male has long hair- socially not acceptable Boarding school Affects college and school Public benefits Men and women on the same terms We finally hit Supreme Court cases If a statute singles out a group of people What is the appropriate standard of review? August 28th She tests a lot on equal protection You want to make sure that you use the right set of scrutiny She is posting a sample problem And will go over it This is during slavery Cant rape a slave because she is your property so you can do whatever you want Industrial revolution drove people to big cities Inducttrialized labor--gender specific labor Taking care of the family and children Soujourner truth Was she southern? No  An advocate for women’s right She actually spoke dutch and grew up in new york Had 5 children Sept. 4th Burden goes to govt to show the law is Monday is practice question day!- just go up to 4 and then have 5 ready for wednesday Craig v Boron Intermediate scrutiny Givt defense Important govt objective Protection of public safety--traffic safety They are doing it! Could they have Use rational basis for same sex couples September 9th For the final exam, make sure that you are organized! I think board number 3 If it is in the 5th circuit, she’ll tell you 5th cir. Appeals matter! Independent school districts make it a public school Must abide by the constitution 14th amendment, public school Explain the 14th amendment and intermediate scrutiny Make sure you know what this is Burden of proof is on the state, in this case on the school district Need to show the objective and the policy match up Show that it is not prejudicial  Go for the applicable information Can reach out to her if you have any questions Men typically get more money with time but women do not This affects you for retirement Other people are doing okay Women were likely to lose their jobs during covid San antonio- a tourist city Female dominated is the tourist helpers Sex segratetion is de facto Can impact long term ability to get Majority of law students are women but only 30 percent of lawyers are lawyers WHY Women in the legal profession begin to disappear They are not in management To be an attorney you need a license to practice To be licensed you need to graduate from law school September 11th Rizzo case is important Woody case and pay difference 100 percent negotiate Worksheet #2 September 16th Supplemental review session Not this week, maybe next week Comparable worth Equal pay act- formal equality pay statute  Comparable worth theory To look at an employer’s work force and examine the predominantly female and male and look at the skills in these jobs Male jobs pay more than female Does not require anyone to reduce pay Rocky reputation-- not widely embraced Pay act claims is so hard for people doing a different job to prove Ledbetter Amends title 7 And other statutes Employer handbook could tell you a lot about what they believe LBJ was a proponent of equal rights Twisting the arms of southern senators who were against this The civil rights act of 1964 Title 7 Protects race color relgigion national origin and sex Sex was a big deal and senators tried to take it off How to define covered employer Rooted in SCOTUS jurisprudence If you have more than 15 or more employees You need someone to compare to in the title 7 Who is an employee? Someone who works for an employer Ex. acme only has 10 employees and are not held to the title 7 because it has less than 15 employees Private and public employees! Texas also has disability and age statutes in here Disparate impact and disparate treatment Different burden of proof  Disparate treatment is mostly used Indirect evidence is usually the downfall Intent to discriminate She worked at the firm for many years and then the evaluation came through She was denied partnership The extent to the appeals court is pretty bad The side with firm Issue: could someone make an argument that she was denied on the basis of sex? Purely an ownership→ no she cannot SCOTUS: ownership is an inducement that lawfirms or other corporations use to bring people in Law firm has the legal and personal characteristics they judged on for evaluation She was a woman, did not attend ivy league or law review What is being evaluated is quite objective Personal judgement is coming into the evaluation Pretext case Burden is a prima facie case that she is a protected class, party plaintiff Catch 22 September 23rd Review on oct 4th Eeoc can bring pattern or practice to argue Easier than the walmart v dukes standard for the class action Group disparate case Intent to discriminate Bring statistical analysis  Bostock Price waterhouse case Important Bostock is of equal importance Olivarez shows the 5th circuit way to state a claim General idea was that the court would agree with the 5th circuit Not what the court did Sex was a motivating factor but not the only motivating factor No but for September 25th Next week is finishing up formal equality and practice problem Hypothetical mary What are her hobbies? Sumptuary laws Saying what you can and cannot wear in public 1. Constitution 2. They claimed the specific provision in issue had to do with the language of the ocean city’s dealing with public nudity Worksheet #2 1. The word sex may conjure improper images and the justices may not be thinking the same way as women mean 2. Yes, because if not, there would be other forms of discrimination that would go unrecognized like the social norms for specific genders to act in certain ways 3. Problematic force on society that adds to sexist ideals and sexual and social rankings as well as reinforces oppressive dictates and distinctions that end up affecting everyone 4. No, they want to end gender designation on governmental documents 5. Yes, one example is massachusetts 6. They no longer require medical documentation to change a gender identification on their passport. They also begun adding an X option. 7. People are differently positioned within systems of power. Sometimes cases mau be missed because the court can say that only sexism was in play or only racism was in play but it could be both or even more intersecting identities.  8. The notion there is a monolithic women’s experience that could be described independent of other facts of experience like race, class, and sexual orientation 9. People must design strategies for simplifying the perceptual environment and acting on less than perfect information 10. The gender issues are rendered invisible, which is fostered by gender neutral language that covers the predominance of gender patterns or general acceptance 11. Men gain their masculine esteem and relative masculine stature from other men;s acknowledgements of their masculinity. 12. Officers tend to get macho with civilians by enacting a command presence in situations where it may only serve to boost the officer’s masculine esteem. This job involves an aura of confidence and decisivness and justified by the need to control dangerous suspects. 13. Bar fights where men glare at eachtoher and ratchet up their challenges until one party backs down or is subdued 14. Men try to out macho eachother by working lots of hours like “he’s a real man, he works 90 hour weeks” October 7th Transgender is an adj to describe people whose gender identity differs from the sex they were assigned at birth, irrespective or appearance or medical procedures Intersex population is 1 to 2 percent of the population October 9th Final info 1 pm Dec 12 Have 24 hours to do this Layoffs for DEI Exempting military academies Civa result Military academy can use race as a factor but civa filed suit against westpoint and annapolis arguing that civa should include the Title 7 Female with reproductive capabilities Lingering sex stereotypes  Geldudig What the options are not? Minority women in the workplace Additional state policies that are sponsored by importnat places Making broader ways for people to make One year earlier than roe v wade Still good law? Yes Geldudig is wrong but the court avoided this topic in dobbs so the idea is still kinda safeguarded These cases show the pregnancy disability is incomplete solutions Statute enacted Pregnant workers Just answered 13 in worksheet 11 Try to finish 11 and go to 12 October 21st Ws 12 Paid leave- one of the worst countries here Is the employer public or private? Can be different! Concept is once people have kids, they are unreliable workers Bach could have has indiv. Pretext Burden of proof would to est through indirect evidence she faced disc. Or could have claimed gender based stereotyping Direct evidence burden of proof Denial of tenure occurs very close to the birth of child Used price waterhouse case Not motherhood, sex based stereotypes about behavior about making partner Which is the easiest burden of proof to prove for this client?  State claim- allege the retreatement Based on sex Male caregiver Family obligations did not coincide with firms culture Trad alpha male Recordings are posted under canvas Title 9 Educational institution Understand the regulatory processes Evey line is challenged Wrong info on 334 Biden on locker room and bathroom access Requirement of wearing skirts November 6th Bow brothers Next wednesday we are doing more review session then Review on final day of class What is the disputed state provision in Pavan? Unsigned by the court 3 dissents Did not do any oral arguments 6-3 Court cites obergefell that emphasizes samw sex in civil marriage AR law supposed to protect family Bostock Transgender teen parents can allow the teen to change for Non subordination doesnt talk about the gender Doesnt talk about think that need to be addressed  Entrust sex and power dynamics Same sex harrasment Long term slipt in the circuit Emerge the bow bros Nove. 18 Definitely come back Something about fed funding and title 9 When the party plaintiff goes to court Edgewood 5th cir. Looks at police officer Thinking he has the authority to arrest a teacher but cannot discipline May rest with the principal depending on the board of trustees Actual knowledge of the incident Student is not the employee School could be liable based on the response NOT on the actual harassment Must be under school control