Gender Discrimination

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The (Not-So-Secret) War on Moms : How the Supreme Court Took Protections Away from Pregnant Workers

The (Not-So-Secret) War on Moms : How the Supreme Court Took Protections Away from Pregnant Workers

By Ariela Migdal, ACLU Women's Rights Project at 11:03am
This week, the Supreme Court ruled, by the all-too-familiar 5-4 margin, that a provision of the Family and Medical Leave Act (FMLA) giving workers time off to care for their own serious health conditions — including pregnancy and childbirth — can't be enforced by state employees in damages lawsuits against their public employers. The decision in Coleman v. Court of Appeals of Maryland effectively stripped many public employees — the majority of whom are women — of the right to job protection when they need to take time off while pregnant. The ACLU had joined an amicus brief arguing that the law was written in a gender-neutral way to provide women workers with the time they needed to go through childbirth and pregnancy-related complications, while ensuring that employers wouldn't discriminate based on the assumption that only women will need to take health-related leave from their jobs. While no opinion garnered five votes, a majority of the Court agreed that the law was not justified as a remedy for a pattern of unconstitutional discrimination against women or pregnant workers.
EEOC Breakthrough: Anti-Transgender Discrimination Is Unlawful

EEOC Breakthrough: Anti-Transgender Discrimination Is Unlawful

By James Esseks, Director, ACLU Lesbian Gay Bisexual Transgender & AIDS Project at 4:16pm

Consider this: A person applies for a job at the federal Bureau of Alcohol, Tobacco, Firearms, and Explosives as a ballistics forensic technician, is well-qualified for the position, and is offered the job. She then tells ATF that she is transitioning…

How I'm Celebrating Gloria Steinem's Birthday

How I'm Celebrating Gloria Steinem's Birthday

By Diana Scholl, Communications Strategist, ACLU at 8:23am

What would happen, for instance, if suddenly, magically, men could menstruate and women could not? The answer is clear - menstruation would become an enviable, boast-worthy, masculine event: Men would brag about how long and how much. Boys…

Evening the Field: Title IX's Continuing Impact on Gender Equality in Sports

Evening the Field: Title IX's Continuing Impact on Gender Equality in Sports

By Tiseme Zegeye, ACLU Women's Rights Project at 11:15am

In too many schools, Title IX's requirement for gender equality in school athletics continues to be blatantly ignored.

Let's Be Clear: Transgender Discrimination IS Sex Discrimination

Let's Be Clear: Transgender Discrimination IS Sex Discrimination

By Ian S. Thompson, ACLU Washington Legislative Office at 12:10pm

Recently, the ACLU and numerous allied coalition partners wrote to the U.S. Department of Health and Human Services (HHS) to request that HHS issue guidance to make clear that the Patient Protection and Affordable Care Act’s prohibition on sex…

Understanding Marital Status Discrimination as Sex Discrimination

Understanding Marital Status Discrimination as Sex Discrimination

By Mie Lewis, Women's Rights Project at 3:19pm

Last month, we filed a complaint on behalf of Jennifer Maudlin, a single mother who was fired for becoming pregnant while unmarried. Jennifer's case is one of a growing number of challenges to employers who fire unmarried workers for becoming pregnant…

Former First Lady and Women's Rights Advocate: Betty Ford

Former First Lady and Women's Rights Advocate: Betty Ford

By Zoë Barth-Werb, Women's Rights Project at 2:38pm

On Friday, Betty Ford died at the age of 93. As first lady, she was best known for her outspoken nature and willingness to voice an often controversial opinion on any number of hot-button issues. A Midwesterner who never cared much for political…

Cosplaying While Gay, Black, or Female at New York Comic Con

Cosplaying While Gay, Black, or Female at New York Comic Con

By Danielle Aronson, ACLU at 11:04am

This past weekend was New York Comic Con (NYCC), and in addition to the usual comic book enthusiasts and army of animated cosplayers, there seemed to be a bit of an uprising brewing. Much to my delight, there were quite a few panels addressing the…

Oregon Legislature Repeals Surgery Requirement for Gender Change on Birth Certificate

Oregon Legislature Repeals Surgery Requirement for Gender Change on Birth Certificate

By Becky Straus, Legislative Director, ACLU of Oregon & Kevin Díaz, Legal Director, ACLU of Oregon & Amanda Goad, LGBT Project at 3:55pm

With Gov. Kitzhaber's approval of HB 2093 yesterday, transgender people in Oregon will no longer have to show proof of surgery in order to change their birth certificates to accurately reflect their gender. Previously, Oregon law required surgery in…

Combat Exclusion for Women Should No Longer Be the Rule

Combat Exclusion for Women Should No Longer Be the Rule

By Tiseme Zegeye, ACLU Women's Rights Project & Elayne Weiss, Washington Legislative Office at 9:53am

The combat exclusion rule ignores the reality of modern warfare. Women are already serving in combat, and at present, 139 women have made the ultimate sacrifice for their country.

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