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Sex Discrimination and the United States Supreme Court: Developments in the Law

Description: This report focuses on sex discrimination challenges based on: the equal protection guarantees of the Fourteenth and Fifth Amendments; the prohibition against employment discrimination contained in Title VII of the Civil Rights Act of 1964; and the prohibition against sex discrimination in education contained in Title IX of the Education Amendments of 1972. Although this report focuses on recent legal developments in each of these areas, it also provides historical context by discussing selected landmark sex discrimination cases.
Date: December 30, 2015
Creator: Feder, Jody
Partner: UNT Libraries Government Documents Department

Title IX, Sex Discrimination, and Intercollegiate Athletics: A Legal Overview

Description: This report provides an overview of Title IX in general and of the intercollegiate athletics regulations in particular. It includes a summary of the report issued by the Commission on Opportunity in Athletics and the Department of Education's (ED's) response with a discussion of recent legal challenges to the regulations and to the three-part test.
Date: May 24, 2004
Creator: Feder, Jody
Partner: UNT Libraries Government Documents Department

Pay Discrimination Claims Under Title VII of the Civil Rights Act: A Legal Analysis of the Supreme Court’s Decision in Ledbetter v. Goodyear Tire & Rubber Co., Inc.

Description: This report discusses Ledbetter v. Goodyear Tire & Rubber Co., Inc., a recent case in which the Supreme Court considered the timeliness of a sex discrimination claim filed under Title VII of the Civil Rights Act, which prohibits employment discrimination on the basis of race, color, religion, sex, or national origin.
Date: June 28, 2007
Creator: Feder, Jody
Partner: UNT Libraries Government Documents Department

Affirmative Action and Diversity in Public Education: Legal Developments

Description: The first part of this report briefly reviews the judicial evolution of race-based affirmative action, particularly in relation to public education. The report then reviews major rulings involving challenges to the use of race-conscious admissions and hiring practices by public educational institutions, and concludes with a discussion of the implications for the future development of affirmative action law.
Date: October 18, 2012
Creator: Feder, Jody
Partner: UNT Libraries Government Documents Department

Affirmative Action and Diversity in Public Education: Legal Developments

Description: This report reviews the judicial evolution of race-based affirmative action, particularly in relation to public education. Recent rulings challenging the use of race-conscious admissions and hiring practices by public educational institutions are then considered for their implications on the future development of affirmative action law.
Date: August 9, 2013
Creator: Feder, Jody
Partner: UNT Libraries Government Documents Department

The Pregnancy Discrimination Act and the Supreme Court: A Legal Analysis of Young v. United Parcel Service

Description: In 2015, the Supreme Court issued a decision in Young v. United Parcel Service. In the case, a United Parcel Service (UPS) worker named Peggy Young challenged her employer’s refusal to grant her a light-duty work assignment while she was pregnant, claiming that UPS’s actions violated the Pregnancy Discrimination Act (PDA). This report begins with a discussion of the facts in the Young case, followed by an overview of the PDA. The report then provides an analysis of the Young case, its implications, and a potential legislative response.
Date: September 25, 2015
Creator: Feder, Jody
Partner: UNT Libraries Government Documents Department

Title IX, Sex Discrimination, and Intercollegiate Athletics: A Legal Overview

Description: This report provides an overview of Title IX in general and the intercollegiate athletics regulations in particular, as well as a summary of the commission’s report and ED’s response and a discussion of legal challenges to the regulations and to the three-part test.
Date: December 7, 2012
Creator: Feder, Jody
Partner: UNT Libraries Government Documents Department

Agency Enforcement of the Prohibition Against Sex Discrimination Mandated by Title IX and EO 13160

Description: This report provides a summary of the federal agencies’ enforcement of and compliance with the prohibition against sex discrimination mandated by Title IX and Executive Order 13160. Specifically, this report discusses the implementation of regulations and procedures for enforcing the Title IX compliance of grant recipients and for enforcing the compliance of the federal agencies themselves with President Clinton’s Executive Order.
Date: October 28, 2002
Creator: Feder, Jody
Partner: UNT Libraries Government Documents Department

Affirmative Action and Diversity in Public Education: Legal Developments

Description: This report reviews the judicial evolution of race-based affirmative action, particularly in relation to public education. Recent rulings challenging the use of race-conscious admissions and hiring practices by public educational institutions are then considered for their implications on the future development of affirmative action law.
Date: July 16, 2007
Creator: Feder, Jody
Partner: UNT Libraries Government Documents Department

Unauthorized Alien Students, Higher Education, and In-State Tuition Rates: A Legal Analysis

Description: Currently, federal law prohibits states from granting unauthorized aliens certain postsecondary educational benefits on the basis of state residence, unless equal benefits are made available to all U.S. citizens. This prohibition is commonly understood to apply to the granting of "in-state" residency status for tuition purposes. In the 110th Congress, several bills that would amend this federal law have been introduced. Meanwhile, some states have passed laws aimed at making unauthorized state residents eligible for in-state tuition without violating this provision. This report provides a legal overview of cases involving immigrant access to higher education, as well as an analysis of the legality of state laws that make in-state tuition rates available to illegal immigrants.
Date: October 7, 2008
Creator: Feder, Jody
Partner: UNT Libraries Government Documents Department

Banning the Use of Racial Preferences in Higher Education: A Legal Analysis of Schuette v. Coalition to Defend Affirmative Action

Description: This report discusses the equal protection clause of the Fourteenth Amendment to the U.S. Constitution. Laws based on suspect classifications such as race or gender, however, typically receive heightened scrutiny and require a stronger, if not compelling, state interest to justify the classification.
Date: September 3, 2013
Creator: Feder, Jody
Partner: UNT Libraries Government Documents Department

The Student Non-Discrimination Act (SNDA): A Legal Analysis

Description: Report that discusses current laws that prohibit discrimination in education, and continues with an analysis of the specific provisions contained in SNDA, including provisions relating to coverage, prohibited acts, and enforcement and remedies under the proposed legislation.
Date: June 20, 2013
Creator: Feder, Jody
Partner: UNT Libraries Government Documents Department

"Don't Ask, Don't Tell": A Legal Analysis

Description: In recent years, several Members of Congress have expressed interest in amending "Don't Ask, Don't Tell," (DADT) a legislation that requires those of homosexual orientation in the military to keep quiet about their orientation in order to maintain "morale, good order and discipline, and unit cohesion." At least two bills that would repeal the law and replace it with a policy of nondiscrimination on the basis of sexual orientation - H.R. 1283 and S. 3065 - have been introduced in the 111th Congress. This report provides a legal analysis of the various constitutional challenges that have been brought against DADT; for a policy analysis, see CRS Report R40782, "Don't Ask, Don't Tell": Military Policy and the Law on
Date: September 30, 2010
Creator: Feder, Jody
Partner: UNT Libraries Government Documents Department

English as the Official Language of the United States: Legal Background

Description: For over a decade, legislation that would either declare English the official language of the United States government or that would oppose such declarations has been introduced in Congress. This report discusses the legal effect of some of these congressional proposals, as well as current federal policy on foreign language assistance, the constitutional law implications of official English proposals, and legal issues regarding state laws on official English.
Date: December 23, 2010
Creator: Feder, Jody
Partner: UNT Libraries Government Documents Department

"Don't Ask, Don't Tell": A Legal Analysis

Description: In 1993, after many months of study, debate, and political controversy, Congress passed and President Clinton signed legislation establishing a revised "[p]olicy concerning homosexuality in the armed forces." The new legislation reflected a compromise regarding the U.S. military's policy toward members of the armed forces who engage in homosexual conduct. This compromise, colloquially referred to as "Don't Ask, Don't Tell (DADT)," holds that "[t]he presence in the armed forces of persons who demonstrate a propensity or intent to engage in homosexual acts would create an unacceptable risk to the high standards of morale, good order and discipline, and unit cohesion which are the essence of military capability." Service members are not to be asked about, nor allowed to discuss, their sexual orientation. This compromise notwithstanding, the issue has remained both politically and legally contentious. This report provides a legal analysis of the various constitutional challenges that have been brought against DADT.
Date: June 3, 2010
Creator: Feder, Jody
Partner: UNT Libraries Government Documents Department

"Don't Ask, Don't Tell": A Legal Analysis

Description: In 1993, after many months of study, debate, and political controversy, Congress passed and President Clinton signed legislation establishing a revised "[p]olicy concerning homosexuality in the armed forces." The new legislation reflected a compromise regarding the U.S. military's policy toward members of the armed forces who engage in homosexual conduct. This compromise, colloquially referred to as "Don't Ask, Don't Tell (DADT)," holds that "[t]he presence in the armed forces of persons who demonstrate a propensity or intent to engage in homosexual acts would create an unacceptable risk to the high standards of morale, good order and discipline, and unit cohesion which are the essence of military capability." Service members are not to be asked about, nor allowed to discuss, their sexual orientation. This compromise notwithstanding, the issue has remained both politically and legally contentious. This report provides a legal analysis of the various constitutional challenges that have been brought against DADT.
Date: September 2, 2009
Creator: Feder, Jody
Partner: UNT Libraries Government Documents Department