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Sex Discrimination

In this Thursday, Feb. 7, 2019 photo, Bloomfield High School transgender athlete Terry Miller, second from left, wins the final of the 55-meter dash over transgender athlete Andraya Yearwood, left, and other runners in the Connecticut girls Class S indoor track meet at Hillhouse High School in New Haven, Conn. In the track-and-field community in Connecticut, the dominance of Miller and Yearwood has stirred resentment among some competitors and their families.
Bloomfield High School transgender athlete Terry Miller, second from left, wins the final of the 55-meter dash over transgender athlete Andraya Yearwood, left, and other runners in the Connecticut girls Class S indoor track meet in New Haven, Conn., in February 2019.
Pat Eaton-Robb/AP
Law & Courts Federal Judge Dismisses Challenge to Transgender-Inclusive Athletics Policy in Connecticut
A federal district court judge said the lawsuit by cisgender female athletes was moot because two transgender track athletes had graduated.
Mark Walsh, April 26, 2021
3 min read
Symbols of gender.
iStock/Getty
Federal Ed. Dept. to Review Title IX Rules on Sexual Assault, Gender Equity, LGBTQ Rights
The review could reopen a Trump-era debate on sexual assault in schools, and it could spark legal discord over transgender student rights.
Evie Blad, April 6, 2021
4 min read
Stephanie Marty demonstrates against a proposed ban on transgender girls and women from female sports leagues outside the South Dakota governor's mansion in Pierre, S.D. on March 11, 2021.
Stephanie Marty demonstrates against a proposed ban on allowing transgender girls and women to play in female sports leagues outside the South Dakota governor's mansion in Pierre, S.D.
Stephen Groves/AP
Law & Courts Justice Department Memo Could Stoke State-Federal Fights Over Transgender Students' Rights
Title IX prohibits discrimination on the basis of sexual orientation and gender identity in schools, a Justice Department memo says.
Evie Blad, April 5, 2021
3 min read
Image of the White House seal
Bet Noire/Getty
Federal Biden Orders Review of Trump-Era Rule on Responding to Sexual Assault in Schools
Critics said the Trump-era rule on how schools should respond to reports of sexual assault and harassment weakened protections for accusers.
Evie Blad, March 8, 2021
3 min read
Bloomfield High School transgender athlete Terry Miller, second from left, wins the final of the 55-meter dash over transgender athlete Andraya Yearwood, far left, and other runners in the Connecticut girls Class S indoor track meet at Hillhouse High School in New Haven, Conn on Feb. 7, 2019. Transgender athletes are getting an ally in the White House next week as they seek to participate as their identified gender in high school and college sports. Attorneys on both sides say they expect President-elect Joe Biden’s Department of Education will switch sides in legal battles that could go a long way in determining whether transgender athletes are treated by the sex on their birth certificates or by how they identify.
Bloomfield High School transgender athlete Terry Miller, second from left, wins over transgender athlete Andraya Yearwood, far left, and other runners in an event in New Haven, Conn. The two transgender athletes are at the center of a legal fight in Connecticut over the participation of transgender female athletes in girls' or women's sports.
Pat Eaton-Robb/AP
Federal Biden Legal Team Steps Back From Trump Stance on Transgender Female Sports Participation
The Education Department's office for civil rights pulls a letter that said Connecticut's transgender-inclusive policy violates Title IX.
Mark Walsh, February 24, 2021
4 min read
Transgender student Gavin Grimm challenged a policy of the Gloucester County, Va., school board that barred him from using the men's restroom. The school board has asked the U.S. Supreme Court to take up the case.
Transgender student Gavin Grimm challenged a policy of the Gloucester County, Va., school board that barred him from using the men's restroom. The school board has asked the U.S. Supreme Court to take up the case.
Kristen Zeis/The Daily Press via AP
Law & Courts School District Asks U.S. Supreme Court to Decide Scope of Transgender Student Rights
A Virginia district appeals a ruling in the case involving Gavin Grimm's effort to use a restroom consistent with his gender identity.
Mark Walsh, February 19, 2021
3 min read
A supporter for the transgender community holds a trans flag in front of counter-protesters to protect attendees from their insults and obscenities at the city's Gay Pride Festival in Atlanta on Oct. 12, 2019.
A transgender rights supporter holds a flag at Atlanta's Gay Pride Festival in October 2019.
Robin Rayne/AP
Law & Courts School Sports a Fresh Front in State Battles Over Transgender Students' Rights
Lawmakers in at least 10 states are pushing legislation that would prohibit transgender students from playing on single-sex sports teams.
Evie Blad, January 28, 2021
9 min read
Law & Courts Federal Appeals Court Revives Teacher's Pay-Discrimination Case Over Starting Salary
The court weighed an administrator's alleged comment that the teacher's starting pay was less because her husband worked.
Mark Walsh, January 5, 2021
3 min read
Law & Courts Supreme Court Rules Job Discrimination Law Shields LGBTQ Workers
The sweeping 6-3 civil rights ruling has implications for school districts as employers as well as for continuing legal battles over the rights of transgender students.
Mark Walsh, June 15, 2020
8 min read
Education Federal Appeals Court Again Backs Educator's Equal Pay Act Claim
The U.S. Court of Appeals for the 9th Circuit again rules that a worker's prior pay may not provide an employer a valid defense against alleged sex discrimination.
Mark Walsh, March 4, 2020
3 min read
Jo Carol Nesset-Sale (formerly LaFleur) was a teacher in the Cleveland public schools in the early 1970s when she became pregnant and was required to take unpaid leave. Her challenge to the district’s rules led to a U.S. Supreme Court decision that such mandatory pregnancy-leave policies were unconstitutional.
Jo Carol Nesset-Sale (formerly LaFleur) was a teacher in the Cleveland public schools in the early 1970s when she became pregnant and was required to take unpaid leave. Her challenge to the district’s rules led to a U.S. Supreme Court decision that such mandatory pregnancy-leave policies were unconstitutional.
Curtis Nesset
Law & Courts She Was a Teacher. She Got Pregnant. Her Case Ended Up at the Supreme Court
One of the main plaintiffs in a landmark blow against pregnancy discrimination in the workplace recalls her fight in the early 1970s and discusses how it still resonates today.
Mark Walsh, October 14, 2019
10 min read
Gavin Grimm, a transgender student, sued his Virginia school district after being denied access to the boys’ restroom at Gloucester High School in a high-profile case on the issue. He has since graduated.
Gavin Grimm, a transgender student, sued his Virginia school district after being denied access to the boys’ restroom at Gloucester High School in a high-profile case on the issue. He has since graduated.
Steve Helber/AP
Law & Courts Courts Take Expansive View in Transgender-Rights Cases
Two recent federal court rulings add to the growing body of decisions finding legal protections for transgender students in federal antidiscrimination law.
Mark Walsh, June 5, 2018
6 min read
Education Appeals Court Rules That Title VII Bars Sexual Orientation Bias in Employment
Ruling in the case of an Indiana community college instructor, the 7th Circuit federal appeals court holds that sex discrimination encompasses sexual orientation.
Mark Walsh, April 5, 2017
3 min read
Gavin Grimm stands on the front porch of his home in Gloucester, Va., in 2015. The high school student, who was born female but identifies as male, says it's discriminatory to make him use the girls' room or a single-stall unisex restroom at school.
Gavin Grimm stands on the front porch of his home in Gloucester, Va., in 2015. The high school student, who was born female but identifies as male, says it's discriminatory to make him use the girls' room or a single-stall unisex restroom at school.
Steve Helber/AP
Law & Courts Schools Get Clarity on Transgender Student Restroom Access
A federal appeals court ruling that Title IX protects the rights of students to use restrooms that correspond with their gender identity could have far-reaching implications for schools.
Evie Blad, April 22, 2016
5 min read