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Timeline of Major Supreme Court Decisions on Women’s Rights

unconstitutionally vague, holding that the term “health” includes 1965 considerations of psychological as 1973 Griswold v. Connecticut, 381 well as physical well-being. Roe v. Wade, 410 U.S. 113. In U.S. 479. The ACLU files an this landmark abortion rights Reed v. Reed, 404 U.S. 71. The amicus brief in this historic case case, the ACLU serves as co- Supreme Court in which the Court holds that the counsel for plaintiffs challenging rules for the first time ever that Constitution guarantees a “right a Texas law prohibiting abortion a law that discriminates against to privacy” that encompasses at any stage of , except women is unconstitutional under the right of individuals to make to save the life of the . the Fourteenth Amendment, decisions about intimate, personal The Supreme Court invalidates holding unanimously that a state matters such as childbearing. the state law, holding that the statute that provides that males The Court invalidates a state law constitutional right to privacy must be preferred to females prohibiting the prescription, sale protects a woman’s decision in estate administration denies or use of contraceptives, even for whether or not to terminate women equal protection of the married couples. her pregnancy, characterizing law. Ruth Bader Ginsburg writes this right to choose abortion as the brief for the ACLU. “fundamental.” The Court holds that the state cannot interfere 1971 with a woman’s decision to have Phillips v. Martin Marietta, 1972 an abortion without a compelling 400 U.S. 542. The ACLU files an interest. The life of a fetus can be Eisenstadt v. Baird, 405 U.S. amicus brief, written by Susan asserted as a compelling interest 438. The Court strikes down Deller Ross, in the first women’s only once it becomes “viable,” a state law that allows the rights Title VII case in the usually at the beginning of the distribution of contraception to Supreme Court. The Court rules third trimester, and the Court married adults while prohibiting that an employer violates Title holds that even then, a woman it to unmarried adults, holding VII when it refuses to hire women has to have access to an abortion if that this law violates the with young children while hiring it is necessary to preserve her life Equal Protection Clause of the men who are similarly situated. or health. Fourteenth Amendment. This United States v. Vuitch, 402 decision establishes that the Doe v. Bolton, 410 U.S. 179. U.S. 62. The ACLU’s general right to privacy protects access The ACLU successfully argues counsel argues on behalf of the to contraception for married and this Roe v. Wade companion case plaintiff in the first abortion case unmarried individuals alike. The in which the Court overturns a to reach the Supreme Court. ACLU files anamicus brief in this Georgia law prohibiting abortions The Supreme Court rejects the case. except when necessary to preserve claim that a state law permitting the life or health of the mother, abortion only to preserve a and in cases of fetal abnormality woman’s life or health was or rape. The Court also strikes

Timeline of Major Supreme Court Decisions on Women’s Rights 1 down the state law’s requirement Geduldig v. Aiello, 417 U.S. that all abortions be performed 484. On behalf of the Women’s in accredited hospitals and 1974 Rights Project, Ginsburg co- that a hospital committee and Cleveland Board of Education authors an amicus brief that two doctors, in addition to the v. LaFleur, 414 U.S. 632. The argues that laws discriminating woman’s own doctor, give their Court finds unconstitutional a on the basis of pregnancy make approval for an abortion, finding Cleveland School Board rule, sex-based distinctions and should that the restrictions interfere with requiring women to take unpaid be evaluated under heightened a woman’s decision whether or not maternity leaves after the first scrutiny. The Court holds that a to terminate her pregnancy. trimester of pregnancy because program that of a conclusive presumption that denies benefits for Frontiero v. Richardson, pregnant women are no longer resulting from pregnancy does not 411 U.S. 677. In this case, the able to work. The Court further violate the equal protection clause, first argued before the Supreme invalidates a section of the rule as it does not involve Court by Ruth Bader Ginsburg, making a teacher ineligible to on the basis of sex, but the Court strikes down a federal return to work until her child discrimination between “pregnant statute that automatically grants was three-months old. Ginsburg and non-pregnant persons.” male members of the uniformed co-authors an amicus brief in the forces housing and benefits for case. their wives, but requires female members to demonstrate the Kahn v. Shevin, 416 U.S. 351. In 1975 “actual dependency” of their this Women’s Rights Project case, Taylor v. Louisiana, 419 U.S. husbands to qualify for the same the Court holds that a Florida 522. In this ACLU case, the Court benefits. Four Justices conclude statute granting widows, but not invalidates a Louisiana statute that laws differentiating by sex widowers, an annual five hundred that allows women to serve as are inherently suspect and subject dollar exemption from property jurors only when they expressly to strict judicial scrutiny. taxes is constitutional and does volunteer, and requires states not violate the Equal Protection Pittsburgh Press v. Pittsburgh to call men and women to jury Clause because the purpose of the Commission on Human service on an equal basis. statute is to close the gap between Relations, 413 U.S. 376. The men and women’s economic Weinberger v. Weisenfeld, Court holds that application situations. 420 U.S. 636. Ginsburg, on of a municipal prohibition on behalf of the Women’s Rights employers’ use of sex-segregated Corning Glass Works v. Project, successfully argues “Male Help Wanted” and “Female Brennan, 417 U.S. 188. The that a provision of the Social Help Wanted” columns, to a Court for the first time considers Security Act providing for sex- newspaper that published these an Equal Pay Act claim based based distinctions in the award columns did not violate the on an employer paying women of social security benefits is publisher’s First Amendment less than men for the same unconstitutional. rights because the ads constituted work, determining that the wage commercial speech, and concerned difference between Corning’s Stanton v. Stanton, 421 U.S. 7. activity – sex-based preferences female inspectors and male The Court rules that a law setting in hiring – that was illegal. On inspectors violates the Equal Pay the age of majority for women at behalf of the Women’s Rights Act. Ginsburg authors an amicus eighteen and for men at twenty- Project, Ginsburg co-authors an brief. one, based on the assumption that amicus brief in the case. women need less education and preparation for adulthood than do

2 American Union men, is unconstitutional. Ginsburg a substantial relationship to an requirements violate Title VII. argues the case before the Court. important governmental interest. However, the Court upholds The Women’s Rights Project works Alabama’s exclusion of women Bigelow v. , 421 U.S. closely with the plaintiffs’ attorney from many jobs as prison guards 809. The Court invalidates a in the case and authors an amicus in all-male maximum security state law banning advertising brief. prisons, finding women could by abortion clinics. The ACLU present a security risk. Ginsburg successfully argues that such co-authors an amicus brief in the bans violate the guarantees of case. freedom of speech and freedom of 1977 the press protected by the First Nashville Gas Co. v. Satty, Califano v. Goldfarb, 430 Amendment. 434 U.S. 136. The Court finds U.S. 199. In this Women’s that an employer’s policy of Turner v. Department of Rights Project case, argued by denying accumulated seniority Employment Security, 423 Ginsburg, the Court invalidates to employees returning from U.S. 44. In this Women’s Rights sex-based distinctions in the pregnancy leave violates Title VII Project case, the Court invalidates payment of social security in the absence of proof of business a state regulation making survivor benefits, finding these necessity of such a practice. pregnant women ineligible for distinctions to be based on The Women’s Rights Project unemployment benefits for twelve archaic assumptions regarding coauthors an amicus brief. weeks before birth and six weeks women’s dependency. after birth regardless of their capacity to work. Carey v. Population Services, Int’l, 431 U.S. 678. The Court 1978 strikes down a New York statute restricting distribution and Los Angeles Department of 1976 advertising of non-prescription Water and Power v. Manhart, General Electric Co. v. contraception, holding that it 435 U.S. 702. On behalf of Gilbert, 429 U.S.125. Ginsburg burdens the right of individuals the Women’s Rights Project, authors an amicus brief to the to use contraceptives and serves Ginsburg co-authors an amicus Court, arguing that the exclusion no compelling state interest, brief for this case in which of pregnancy-related conditions and that the ban on advertising the Court holds that requiring from a private employer’s violates the First Amendment. female workers to make larger disability plan violates Title The Court further strikes down a pension fund contributions than VII. The Court concludes that provision banning the distribution their male counterparts violates pregnancy-based discrimination of contraception to minors, though Title VII. is not sex discrimination. members of the court are not united in their reasoning. The ACLU Regents of the University Congress will override this of California v. Bakke, decision in 1978, through authors an amicus brief cited in the plurality decision. 438 U.S. 265. On behalf of passage of the Pregnancy the Women’s Rights Project, Discrimination Act. Dothard v. Rawlinson, 433 Ginsburg co-authors an amicus Craig v. Boren, 429 U.S. 190. U.S. 321. The Court invalidates brief successfully defending The Court adopts a “heightened Alabama’s height and weight in public scrutiny” standard of review to requirements for prison guards higher education. In a split evaluate legal distinctions on that have the effect of excluding decision, four justices find that the basis of sex, which requires a the vast majority of female race-based affirmative action sex-based legal distinction bear candidates, finding that these violates the Equal Protection

Timeline of Major Supreme Court Decisions on Women’s Rights 3 Clause, while the remaining four was based on a distinction find that such consideration is between veterans and non- constitutionally permissible. veterans, not between men and 1980 women, thereby holding that to Wengler v. Druggists Mutual prevail on an equal protection Insurance Co., 446 U.S. 1979 claim, one must prove intent 142. The Court strikes down to discriminate, not merely a state law denying widowers Duren v. Missouri, 439 U.S. disparate impact. worker’s compensation benefits 357. On behalf of the Women’s upon the work-related death of Califano v. Westcott, 443 U.S. Rights Project, Ginsburg their wives unless they prove 76. Ginsburg authors an amicus successfully argues to the Court dependency or incapacity, while brief that helps persuade the that a state statute exempting granting widows such benefits Court to invalidate a program for women from jury duty upon their automatically. Ginsburg, on unemployment benefits where request violates a defendant’s behalf of the Women’s Rights benefits are provided to families Sixth and Fourteenth Project, co-authors an amicus with unemployed fathers, but Amendment rights to be tried by brief in the case. not to those with unemployed a jury drawn from a fair cross . The Court finds the section of the community. Harris v. McRae, 448 US 297. program unconstitutional The ACLU serves as co-counsel Orr v. Orr, 440 U.S. 268. because of its presumption in this challenge to the Hyde Ginsburg authors an amicus that fathers are primary Amendment, which bans the brief for this case, in which breadwinners while mothers are use of federal Medicaid funds for the Court invalidates on equal homemakers. abortions except when necessary protection grounds statutes to preserve the life of the mother. Bellotti v. Baird, 443 U.S. providing that husbands, but However, the Court ultimately 622. The ACLU represents not wives, may be required to rejects this challenge and upholds plaintiffs challenging a state pay alimony upon divorce and the funding restrictions, reasoning law requiring women under thus casts off the assumption that a woman’s freedom to the age of 18 seeking abortions that wives are dependent upon terminate her pregnancy does to obtain parental or judicial their husbands for financial not entitle her, however indigent consent. The Court finds the support but husbands are never she may be, to the financial statute unconstitutional because dependent on wives. resources to do so. Despite the it gives either a parent or a outcome concerning the federal Personnel Administrator judge absolute veto power over ban, in subsequent years, the of Massachusetts v. a minor’s decision concerning ACLU and its allies are successful Feeney, 442 U.S. 256. The abortion. In a plurality opinion, in overturning many similar ACLU of Massachusetts the Court provides that a state funding bans under state represents the plaintiff in a parental consent requirement constitutions. challenge to legislation that must contain an alternative unquestionably burdens women bypass procedure to allow a disproportionately to men by minor to confidentially approach providing a lifetime employment a court for authorization to 1981 preference for state government receive an abortion and that Kirchberg v. Feenstra, 450 jobs to veterans, who are this alternative procedure must U.S. 455. This Court case is the overwhelmingly male. The Court be sufficiently confidential and first to invalidate a law that gives concludes that such a preference expeditious as to not delay an a husband the right to control is not unconstitutional, as it abortion. marital property without his wife’s

4 American Civil Liberties Union consent. The Court overturns Title VII. The Women’s Rights a Louisiana statute that gave Project authors an amicus brief. husbands the exclusive right to 1983 dispose of community property, City of Akron v. Akron Center as an abridgement of married for Reproductive Health, 462 1984 women’s constitutional rights U.S. 416. The ACLU successfully under the Equal Protection Clause participates in this case in which Hishon v. King & Spalding, of the Fourteenth Amendment. the Court strikes down a city 467 U.S. 69. The Court finds that The Women’s Rights Project signs ordinance restricting access to partnerships are “employers” onto an amicus brief with other abortion. Among several holdings, subject to Title VII’s prohibition women’s rights groups. the Court strikes down provisions against sex discrimination, of the law requiring minors to and that Title VII required the County of Washington v. obtain parental consent for an respondent law firm to consider Gunther, 452 U.S. 161. In this abortion without a confidential women for partnership. The case, in which the Women’s alternative bypass procedure, Women’s Rights Project co-authors Rights Project submits a key imposing a 24-hour waiting an amicus brief in this case. amicus brief, the Court holds that period, requiring physicians to individuals can show illegal sex- give women biased information Roberts v. United States based wage discrimination under designed to dissuade them from Jaycees, 468 U.S. 609. The Title VII even when no member having an abortion, and requiring Women’s Rights Project co- of the opposite sex holds a nearly that all second-trimester abortions authors an amicus brief in this identical job. be performed in a hospital. case, urging the Court to affirm the Minnesota courts’ decision to Rostker v. Goldberg, 453 Newport News Shipbuilding strike down the Jaycees’ policy U.S. 57. The Court holds that Dry Dock Co. v. EEOC, of excluding women under state mandatory draft registration for 462 U.S. 669. The Court public accommodations law. The men only does not violate the acknowledges that the Pregnancy Court does so, holding that the Constitution, stating that special Discrimination Act establishes Jaycees’ exclusionary practices deference is accorded to Congress that discrimination based on a are not protected by the First to make sex based distinctions woman’s pregnancy is, on its face, Amendment and that Minnesota for military service. The Women’s discrimination because of sex, has a compelling interest in Rights Project serves as co-counsel and thus supersedes Gilbert. An ending sex discrimination. for plaintiffs challenging the employer’s health plan that covers sex-based requirement. pregnancy-related services for female employees more fully than for spouses of male employees 1986 1982 discriminates on the basis of sex Thornburgh v. American and is forbidden under Title VII. College of Obstetricians and Mississippi University for Gynecologists, 476 U.S. 747. Women v. Hogan, 458 U.S. Arizona Governing The Court invalidates provisions 718. The Court rules in this Committee v. Norris, 463 U.S. of a state law that, among other ACLU of Mississippi case that 1073. The Court holds that a restrictions, requires physicians it is unconstitutional for a state pension plan that allows to use a method of abortion most state to exclude men from a employees to choose retirement likely to preserve the life of a nursing school, as there is no benefits from one of several fetus, even where such methods important governmental interest companies selected by the would increase the medical risk in perpetuating women’s over- employer, all of which pay women to the woman’s life or health. The representation in the nursing field. lower benefits than men, violates

Timeline of Major Supreme Court Decisions on Women’s Rights 5 ACLU co-authors an amicus brief Women’s Rights Project files an in this case. amicus brief. 1989 Meritor Savings Bank v. Johnson v. Transportation Price-Waterhouse v. Hopkins, Vinson, 477 U.S. 57. The Court Agency, Santa Clara, 480 U.S. 490 U.S. 228. The Court holds holds that sexual harassment 616. In this Title VII case brought that when gender discrimination that creates a hostile work by a male employee who was plays a part in an employer’s environment is a form of sex passed over for promotion in favor decision about an employee, an discrimination prohibited by of a female employee with a lower employer may still avoid Title Title VII. test score, the Court holds that VII liability if it proves that other an employer can take sex into reasons played a large enough account in such situations if it role in the decision that it would does so pursuant to an affirmative have made the same decision in 1987 action plan meant to remedy the the absence of discrimination. The under-representation of women in California Federal Savings & Women’s Rights Project co-authors traditionally sex-segregated jobs. Loan Association v. Guerra, a major amicus brief in the case. 479 U.S. 272. In this case, an The ACLU signs onto an amicus employer seeks a declaration that brief in this case. Webster v. Reproductive a state law requiring employers Health Services, 492 U.S. 490. to provide pregnancy leave and The ACLU represents plaintiffs reinstatement is preempted by the 1988 challenging a state law imposing Pregnancy Discrimination Act’s restrictions on abortion, including requirement that pregnancy be Bowen v. Kendrick, 487 U.S. prohibitions on the use of public treated like other disabilities. The 589. The ACLU represents employees and public facilities Court holds that the Pregnancy plaintiffs challenging the for the performance of abortions Discrimination Act does not Adolescent Family Life Act, except those necessary to save a prohibit practices favoring which authorizes the use of woman’s life. The Court upholds pregnant women, and that federal funds to teach the value these provisions restricting employers are free to provide of “chastity” in the context of abortion, threatening the vitality comparable benefits to other social and educational services of Roe v. Wade by enabling broader disabled employees. The Women’s for adolescents. Despite rejecting state abortion regulation. Rights Project files anamicus the claim that the Act facially brief. violates the First Amendment’s religious Establishment Clause, Wimberly v. Labor & the Court remands the case to 1990 Industrial Relations the lower court to determine University of Pennsylvania v. Commission, 479 U.S. 511. whether the federal grants made EEOC, 493 U.S. 182. In this case The Court holds that a Missouri pursuant to the Act were applied involving a claim by a professor statute denying unemployment unconstitutionally to promote denied tenure that the denial benefits to claimants who leave religious views or practices. was motivated by the negative work “voluntarily” and “without evaluation of a department good cause” can be applied to chairman who had sexually workers who leave because of harassed her, the Court holds pregnancy and is not preempted that universities have no privilege by a federal law that provides that to withhold peer review materials no state can deny unemployment relevant to charges of race or sex benefits to an individual solely discrimination in tenure decisions. on the basis of pregnancy. The

6 American Civil Liberties Union Hodgson v. Minnesota, 497 Public Health Service Act from burden” test, restrictions on U.S. 417. The Court invalidates providing counseling about or abortion are valid unless they the state’s blanket parental referrals for abortions. Despite the have the purpose or effect of notification requirement that fact that under this rule health placing a “substantial obstacle in minors notify both biological professionals cannot discuss all the path of a woman seeking an parents prior to obtaining an the medical options available to abortion of a nonviable fetus.” The abortion without a procedure for pregnant women, the Court holds Court, however, does strike down a judicial waiver of the notice that the rule did not violate either a spousal notification provision requirement. The Court upholds the freedom of speech or the right on the ground that it imposed another provision of the law to privacy because organizations an undue burden on the right to that enables minors to bypass can establish separate entities obtain an abortion. the two-parent notification that are not funded by the requirement by going to court to government which can provide obtain judicial authorization for an such counseling and referrals. abortion. The ACLU, representing President Clinton later rescinds 1993 the petitioners, thus secures for the “gag rule” by executive order Harris v. Forklift Systems, teenagers the option of going to in 1993. 510 U.S. 17. The Court holds court to obtain authorization for that a person does not have to an abortion, when they could prove psychological damage to not comply with the parental 1992 prevail in a Title VII hostile work notification requirement. environment harassment suit, Franklin v. Gwinnet County but can win based on evidence of Public Schools, 503 U.S. 60. The conduct that a reasonable person Court holds that Title IX supports would find abusive. 1991 a claim for monetary damages. In United Auto Workers v. this case the high school student Johnson Controls, 499 U.S. seeking damages claims she was 187. The Women’s Rights Project sexually harassed and abused by 1994 her teacher and coach and that authors an amicus brief that helps J.E.B. v. Alabama, 511 U.S. 127 administrators were aware of the persuade the Court that Title VII (1994) The Court holds that the harassment and abuse but took no forbids employers from adopting Equal Protection Clause prohibits action to stop it and encouraged fetal-protection policies preventing excluding potential jurors based her not to press charges. fertile women from working in solely on gender. The Court jobs that entail exposure to lead Planned Parenthood of applied heightened scrutiny and or other toxins that might harm a Southeastern Pennsylvania v. found that peremptory challenges fetus. The case holds that women Casey, 505 U.S. 833. The ACLU must have an “exceedingly must be allowed to make their participates in the fight to uphold persuasive” justification and own decisions about pregnancy the core holdings of Roe v. Wade cannot rely on gender as “a proxy and dangerous work. in this challenge to a set of state for .” Rust v. Sullivan, 500 US 173. restrictions on abortion. The Court The ACLU represents a physician preserves the constitutional right and other family planning for a woman to choose abortion, 1996 providers in their challenge to but replaces the Roe standard the “gag rule,” which prohibits with the less protective “undue United States v. Virginia, recipients of family planning burden” standard of review for 518 U.S. 515. Justice Ginsburg funds under Title X of the federal evaluating state restrictions delivers the opinion of the Court, on abortion. Under the “undue ruling that the all-male Virginia

Timeline of Major Supreme Court Decisions on Women’s Rights 7 Military Institute’s discriminatory claim that it exercised reasonable admissions policy violates women’s 1998 care to prevent and correct equal protection rights and that promptly any sexually harassing the parallel program the state Oncale v. Sundowner Offshore behavior and that the plaintiff had established at Mary Baldwin Services, 523 U.S. 75. The employee unreasonably failed to College did not remedy the Court unanimously holds that take advantage of any preventive constitutional violation because Title VII prohibits same-sex or corrective opportunities it failed to provide an educational sexual harassment. The case provided by the employer. opportunity substantially equal to involves a male offshore oil rig that offered at VMI. The Women’s worker subjected to sex-related Faragher v. City of Boca Rights Project participates in this humiliating actions and physical Raton, 524 U.S. 775. In this case as amicus and as advisor. assault in a sexual manner by two sexual harassment case, a male co-workers and a supervisor. companion case to Ellerth, the M.L.B v. S.L.J., 519 U.S. 102. The Women’s Rights Project Court holds that when a harassing The Court, in an opinion by co-authors an amicus brief in the supervisor with authority over Justice Ginsburg, holds that a case. an employee takes a “tangible state may not deny a parent the employment action” against the right to appeal termination of Miller v. Albright, 523 U.S. employee, the employer is strictly parental rights because poverty 420. The Court upholds different liable for the supervisor’s action prevents her paying for the rules for unmarried citizen fathers under Title VII. The Women’s record; the state must supply the versus those for unmarried citizen Rights Project co-authors an record itself. The Court finds the mothers who wish to transmit amicus brief in the case. Mississippi statute in question citizenship to their foreign-born, to violate the equal protection out-of-wedlock children. The and due process clauses of the Women’s Rights Project co-authors Fourteenth Amendment. an amicus brief. 1999

Gebser v. Lago Vista Davis v. Monroe County Board Independent School District, of Education, 526 U.S. 629. The 1997 524 U.S. 274. The Court holds Court rules that a school district that under Title IX, a school is may be liable under Title IX for Schenck v. Pro-Choice liable for damages when a school student to-student harassment if Network of Western New official who has actual notice of a the harassment is so severe that York, 519 U.S. 357. The ACLU teacher’s sexual harassment of a it hinders the child’s education files anamicus brief in this case student and has the authority to and the district is aware of the defending the constitutionality take corrective action, acts with problem and acts with “deliberate of two provisions of an injunction “deliberate indifference” to the indifference” rather than try to obtained by abortion clinics as teacher’s conduct. resolve it. The Women’s Rights a remedy against anti-abortion Project participates as an amicus. blockades and other disruptive Burlington Industries v. forms of protest outside clinics. Ellerth, 524 U.S. 742. The Kolstad v. American Dental The Court upholds a 15-foot Court holds that an employer Association, 527 U.S. 526. “fixed” buffer zone outside a is automatically subject to The Court holds that a court clinic’s doorway, driveway and vicarious liability for an actionable may grant punitive damages parking lot entrance, but strikes hostile environment created to a woman alleging sex down a 15-foot “floating” buffer by a supervisor when tangible discrimination in violation of zone around any person or vehicle employment action is taken. If no Title VII even if she does not seeking access to or leaving a such “tangible employment action” show that the employer’s conduct clinic. has taken place, the employer may was “egregious” or “outrageous.”

8 American Civil Liberties Union She must only show that the language is written so broadly and explicitly discriminating on employer acted with malice or vaguely that it prohibits the most the basis of sex. The Court in with reckless indifference to the common methods of pre-viability, a 5-4 decision upholds a law lawfulness of his action. second-trimester abortions. The that automatically deems ACLU files anamicus brief in this out-of-wedlock children born case. overseas to be United States citizens when their mothers are 2000 citizens, but requires affirmative steps acknowledging paternity to U.S. v. Morrison, 529 U.S. 598. 2001 establish the child’s citizenship if In this case brought under the only the father is a citizen. Act Ferguson v. City of (VAWA), which permits victims Charleston, 532 U.S. 67. In this of gender-motivated violence case challenging the policy of a to sue their attackers under South Carolina public hospital 2002 federal law, the Court holds that that tests pregnant women for E.E.O.C. v. Waffle House, neither the Commerce Clause substance abuse and reports Inc. 534 U.S. 279. The Court nor the enforcement clause of the positive results to the police, the preserves the right of the E.E.O.C. Fourteenth Amendment provides Court holds that pregnant women to seek specific remedies such Congress with authority to enact cannot be subject to warrantless, as backpay, reinstatement, the civil rights remedy provision of suspicionless searches simply and damages on behalf of an VAWA. because they are pregnant. The employee who sues under federal Women’s Rights Project co-authors anti-discrimination statutes, Reeves v. Sanderson Plumbing an amicus brief. Products, Inc., 530 U.S. 133. even though the individual and The Court holds that a jury Pollard v. E.I. Dupont employee had agreed to have may in some circumstances Nemours Co., 532 U.S. 843. disputes arbitrated. The ACLU find discrimination in violation The Women’s Rights Project files anamicus brief in support of of the Age Discrimination in joins an amicus brief in this case the E.E.O.C. Employment Act (ADEA) based in which the Court holds that Swierkiewicz v. Sorema, 534 on evidence that the reasons an “front pay”—a form of prospective employer gives for an employment relief awarded by courts in U.S. 506. The Court clarifies the pleading standard in cases decision are untrue, even in the employment discrimination alleging discrimination under absence of any direct evidence cases under Title VII—is not a Title VII. The Court holds that of discrimination. The Women’s form of “compensatory damages” a plaintiff need not establish a Rights Project participates as subject to dollar caps. The plaintiff, one of only a few women prima facie case of discrimination, amicus. working in the historically male but need only provide a short and plain statement of the claim. The Stenberg v. Carhart (Carhart manufacturing plant, sued after Court reasons that the pleading I), 530 U.S. 914. The Court she was subjected to sexual standard should not be set so high strikes down a state law banning harassment for several years by as to preclude a plaintiff from so-called “partial-birth abortions,” co-workers and supervisors who moving forward with the case and finding these provisions invalid repeatedly taunted her for doing “men’s work” and for holding a obtaining relevant discovery. The under Roe and Casey because they supervisory position over men. ACLU files anamicus brief in the failed to include an exception to case. preserve the life or health of the Nguyen v. INS, 533 U.S. 53. mother. The Court also finds that The Women’s Rights Project Ragsdale v. Wolverine the law imposes an undue burden co-counsels this case challenging Worldwide, 535 U.S. 81. on women because the ban’s one of the few remaining statutes The Court invalidates a Labor

Timeline of Major Supreme Court Decisions on Women’s Rights 9 Department regulation requiring National Railroad Passenger employer may not defend against employers to provide additional Corp. v. Morgan, 536 U.S. a Title VII claim by showing that leave time to employees in cases 101. The Court holds that an it took reasonable care to prevent where the employer fails to notify employee may not recover for and correct sexually harassing employees at the outset that the discriminatory acts occurring behavior, and that the employee employees’ leave counts against outside the statutory time unreasonably failed to take the twelve weeks guaranteed period set forth in Title VII, even advantage of such opportunities under the FMLA. The Court where it is alleged that such acts to prevent harm. The Women’s finds that the regulation upsets occurred as part of a continuous Rights Project joins an amicus the balance struck by Congress discriminatory practice. The Court brief. between employer and employee holds, however, that where a in enacting the FMLA. hostile work environment claim is alleged, an employee may recover Department of Housing for behavior occurring outside 2005 and Urban Development v. the statutory time period because Jackson v. Birmingham Board Rucker, 535 U.S. 125. The Court such claims usually require a of Education, 544 U.S. 167. The unanimously upholds a provision series of harassing events to be Women’s Rights Project authors of the Anti-Drug Abuse Act and actionable. associated regulations allowing an amicus brief in this case, in the eviction of a public-housing which the Court holds that Title tenant for drug use occurring on IX allows an individual to bring the premises, even where the 2003 a retaliation claim in court when tenant did not know of the drug he is disciplined for complaining use. The Court holds that had Nevada Department of Human about sex discrimination. The Congress intended to impose this Resources v. Hibbs, 538 U.S. plaintiff, a girls’ basketball coach knowledge requirement, it would 721. The Court finds that it is in a public high school, complained have done so explicitly. The ACLU constitutional for a state to be about sex discrimination in the files anamicus brief in this case. sued in federal court for money school’s athletic program and was damages when that state has later removed from his job. Chevron U.S.A., Inc. v. violated the Family Medical Echazabal, 536 U.S. 73. The Leave Act (FMLA). The Court Court unanimously upholds a finds that the act’s guarantee of 2006 federal regulation permitting leave to all workers, regardless of employers sued under the their sex, attacked the Ayotte v. Planned Americans with Disabilities Act to that care giving was a woman’s Parenthood of Northern New invoke as a defense the fact that a responsibility rather than a man’s. England, 546 U.S. 320. The worker’s disability in combination The Women’s Rights Project joins ACLU argues on behalf of the with the working conditions to an amicus brief. which he or she would be exposed plaintiffs challenging a state law would result in a direct threat to requiring physicians to delay a the worker’s health. The Court minor’s abortion until 48 hours reasons that the EEOC was 2004 after parental notification, entitled to enact such a regulation without an exception to protect Pennsylvania State Police v. consistent with the requirement the health of the minor in an Suders, 542 U.S. 129. Justice that qualification standards be emergency. The Court upholds Ginsburg authors the opinion, job-related and consistent with and holds that where a plaintiff its precedent that abortion business necessity. The ACLU restrictions must include an files anamicus brief in this case. has been forced to quit her job by an official act of her employer exception to protect a woman’s related to sexual harassment, an health and remands the case to the lower court to decide

10 American Civil Liberties Union whether the legislature prefers to sever the unconstitutional portion or invalidate the statute 2007 2009 entirely. Gonzales v. Carhart (Carhart Fitzgerald v. Barnstable II) / Gonzales v. Planned School Committee, 555 U.S. Davis v. Washington / Parenthood Federation of 246. The Court rules that parents Hammon v. Indiana, 547 America, Inc., 550 U.S. 124. The may sue for sex discrimination U.S. 813. In companion cases ACLU filesamicus briefs in both in schools under both Title IX involving statements made of these cases, urging the Court and the Equal Protection Clause. by domestic violence victims to invalidate the “Partial-Birth The case, which was brought by at the scene of violence, the Abortion Ban Act of 2003” because parents whose kindergartener was Court holds in an eight to one it fails to include an exception to sexually harassed on the school decision that such statements preserve the health of the mother. bus, establishes that individual may be admitted at trial The Court upholds the federal ban teachers and administrators, finding that in the face of “medical as well as institutions, may be even where the victim does uncertainty” as to whether a liable for sex discrimination in not appear as a witness. The health exception will ever be education. The Women’s Rights defendants had argued that necessary, the State’s interest in Project co-authors an amicus brief. permitting the statements to “promoting respect for human life be used at evidence violated at all stages in the pregnancy” can Crawford v. Metropolitan the Confrontation Clause of the outweigh a woman’s interest in Government of Nashville, Sixth Amendment. This holding protecting her health. In dissent, 555 U.S. 271. The Court holds has great significance in the Justice Ginsburg writes that this that Title VII’s anti-retaliation domestic violence context, where ruling undermines a core holding provision protects employees of Roe v. Wade and Carhart I: that survivors are often coerced by who speak out about sexual women’s health must always be harassment when answering their abusers into refraining paramount. from testifying at trial. The questions during an employer’s ACLU filed anamicus brief in Ledbetter v. Goodyear Tire internal investigation of a this case. and Rubber, Inc., 550 U.S. 618. coworker’s complaint. The The Court rules against plaintiff, Women’s Rights Project joins an Burlington Northern & Santa the sole female supervisor at a amicus brief. Fe Railway Co. v. White, 548 tire plant who alleged that she U.S. 53. The Court holds that was paid less than her male AT&T Corp. v. Hulteen, indefinite suspension without counterparts, citing too long a 556 U.S. 701. The Court holds pay is unlawful retaliation under delay between the initial equal that employers that provided Title VII, as it would reasonably pay violations and the filing of less retirement credit for deter any employee from making a the lawsuit. The Women’s Rights pregnancy leave than for other complaint of discrimination in the Project participates in an amicus medical leave, prior to the 1978 workplace. The Women’s Rights brief in support of the plaintiff. Project joins an amicus brief in In response to this decision, Pregnancy Discrimination Act, support of the plaintiff. President Obama signs the Lilly are not required to adjust their Ledbetter Fair Pay Restoration pension plans retroactively when Act in 2009, allowing victims female employers affected by of pay discrimination to file a the plan start collecting their complaint with the government pensions. within 180 days of their last paycheck.

Timeline of Major Supreme Court Decisions on Women’s Rights 11 The Court does not tackle the provisions were intended to central issue of whether the law address related problems arising 2010 — one of the few that explicitly from a documented history of Lewis v. City of Chicago, discriminates based on sex — is employment discrimination 560 U.S. 205. The Court constitutional. The ACLU files against women based on unanimously holds that the time an amicus brief arguing that stereotyped assumptions about period within which an employee this sex-based classification is their roles as mothers and may sue for relief under Title VII properly subject to heightened caregivers—a position advanced begins not when a discriminatory scrutiny, which it cannot survive by the ACLU in an amicus brief. decision was made, but at the because it is based on unlawful Florida v. Department of later date when the decision gender about Health and Human Services was executed. In so doing, the motherhood and fatherhood. / National Federation of Court permits a lawsuit brought Wal-Mart Stores, Inc. v. Independent Business v. by African-American applicants Dukes, 564 U.S. 338. Despite Sebelius, 567 U.S. 519. In for firefighter jobs in Chicago evidence of national disparities a challenge to the Affordable to proceed with their suit in pay and promotions between Care Act by states and business challenging the discriminatory men and women, the Court groups, the Court, in an opinion impact of a hiring test utilized declines to certify a class of 1.5 by Chief Justice Roberts, holds by the city. The Women’s Rights million female employees of Wal- that the individual mandate Project, along with the Racial Mart, holding that the evidence to purchase health insurance Justice Project, joined an amicus presented does not prove that exceeds Congress’s authority brief supporting the firefighter the company operated under a under the Commerce Clause, applicants. general policy of discrimination. but that it is permissible under Thompson v. North American The Women’s Rights Project the federal government’s power Stainless, 562 U.S. 170. The co-authors an amicus brief to institute taxes. The Court Court holds that an employee highlighting the role of sex invalidates a provision of the who claimed he was fired because stereotypes in dictating law conditioning the receipt he was the fiancé of an employee women’s job assignments and of Medicaid dollars on states’ who had filed a sex discrimination opportunities for advancement. participation in expansion of charge with the EEOC could Medicaid coverage to more sue under the anti-retaliation uninsured individuals, but provisions of Title VII. The ACLU joins an amicus brief with more 2012 allows the rest of the law to stand. The ACLU participates than two dozen other civil rights Coleman v. Maryland Court groups in support of the employee. in an amicus brief emphasizing of Appeals, 566 U.S. 30. The the importance of insurance Court holds that the Eleventh coverage for economically Amendment bars suits against disadvantaged groups, including state employers for violating 2011 women. the “self-care” provision of Flores-Villar v. I.N.S., 564 U.S. the FMLA. (The court had 201. The Court allows to stand, upheld the abrogation of state without issuing an opinion, immunity for enforcement of a nationality law that makes the “family care” provision it more difficult for fathers to in 2003 in Nevada v. Hibbs). transmit U.S. citizenship to Justice Ginsburg files a spirited their children than mothers. dissent, arguing that both

12 American Civil Liberties Union Vance v. Ball State University, 133 S. Ct. 2434, 570 U.S. ___. 2013 In a five to four decision, the 2014 Association for Molecular Court rules that in holding an Burwell v. Hobby Lobby Pathology v. Myriad Genetics, employer liable under Title VII for Stores, Inc., 134 S. Ct. 2751, Inc., 569 U.S. 576. The ACLU a supervisor’s sexual harassment, 573 U.S. ___. The Court rules represented medical researchers, a person will only be considered a that “closely-held” corporations pathologists, and patients with “supervisor” if the employer has can claim that their “religious breast cancer challenging patents formally authorized him or her to beliefs” exempt them from on the BRCA genes, which are take tangible employment action providing insurance coverage for associated with a predisposition against the victim. The Court their employees’ contraception as to breast and ovarian cancers. defines “tangible employment mandated by the Affordable Care The patents gave Myriad action” to mean “a significant Act. The ACLU authors an amicus Genetics the exclusive right change in employment status,” brief in this case emphasizing that to test for mutations in these such as hiring, firing, and failing a for-profit business enterprise DNA sequences. The Court to promote. In a vigorous dissent, cannot raise religious objections unanimously rules for plaintiffs, Justice Ginsburg criticizes to avoid compliance with a law holding that a naturally occurring the majority for being out of designed to further women’s DNA segment is not patent touch with modern workplace health. eligible (although synthetically realities and weakening workers’ created DNA is patent eligible). protection from harassment. 2015 Fisher v. University of University of Texas Texas at Austin, 133 S. Ct. Southwestern Medical Center Young v. United Parcel 2411, 570 U.S. ___. The Court v. Nassar, 133 S. Ct. 2517, 570 Service, Inc., 135 S. Ct. 1338, considers but does not resolve U.S. ___. In another five to four 575 U.S. ___. The Court holds that the constitutionality of the decision, the Court holds that the Pregnancy Discrimination university’s undergraduate a plaintiff may not prevail in a Act, or PDA, requires employers admissions program, which lawsuit alleging retaliation, as she to provide pregnant employees considers race as a factor for or he could in a lawsuit alleging with the same on-the-job assessing applicants. The Court discrimination, if the employer’s accommodations, such as light finds that the lower court should unlawful motive merely “played duty, as they do to other non- have analyzed the admissions a role” in its adverse decision. pregnant employees who are program under the strict scrutiny Instead, she or he must prove similar in their ability or inability standard of review, which applies that the adverse action would to work. Significantly, the Court to cases of discrimination against not have occurred “but for” rules that an employer may not racial minorities, and remands the intent to retaliate. Justice cite the cost or convenience of the case for reconsideration. The Ginsburg again dissents, taking providing such accommodations ACLU authors an amicus brief in the majority to task for applying a as the reason for denying them. support of the university, urging different, stricter standard of proof The Women’s Rights Project the Court to abandon the view for plaintiffs who are punished co-authors an amicus brief in this that policies designed to encourage for objecting to discrimination case. should be subject to the than for those who allege same stringent legal standards as discrimination alone. exclusionary ones.

Timeline of Major Supreme Court Decisions on Women’s Rights 13 Mach Mining, LLC v. Equal mortgage lending and as a tool for Zubik v. Burwell, 136 S.Ct. Employment Opportunity stopping 1557, 578 U.S. ____. The Commission, 135 S. Ct. against survivors of domestic Court, in a per curiam opinion, 1645, 575 U.S. ___. The violence and sexual assault. declines to decide the merits of a Court unanimously holds that challenge to the Affordable Care Title VII authorizes courts to Act’s conduct only limited review 2016 brought by religious nonprofits. of the Equal Employment The petitioners argued the Opportunity Commission’s V.L. v. E.L., 136 S.Ct. 1017, 577 contraceptive coverage opt-out efforts to “conciliate,” or settle, U.S. ___. In a per curiam opinion, procedure violates employers’ discrimination charges before it the Court holds that the Alabama rights under the Religious can file a lawsuit. Supreme Court violated the Freedom Restoration Act Full Faith and Credit Clause by (RFRA). The Court sends the King v. Burwell 135 S. Ct. refusing to recognize an adoption case back to the lower courts 2480, 576 U.S. ___. In a challenge decree entered in Georgia. The and strikes a compromise where to the legality of the Affordable petitioner was formerly in a insurance companies could Care Act’s tax premium credits same-sex relationship with the provide contraceptive coverage for low- and middle-income children’s biological mother and to petitioners’ employees without individuals who purchase coverage had raised them since birth. The notice from petitioners. The through the federally-run health Court noted that although the ACLU argues in an amicus brief insurance marketplace, the Court Alabama Supreme Court found that the contraceptive opt-out upholds the ACA provision. It that Georgian courts lacked accommodation did not violate rules that individuals are entitled jurisdiction to enforce the adoption RFRA. to healthcare subsidies regardless decree, its decision was actually of whether their insurance is an objection to the adoption on the Fisher v. University of Texas purchased from state-run or merits. at Austin, 136 S.Ct. 2198, 579 federally-facilitated Exchanges. U.S. ____. In a 4-3 decision, the Green v. Brennan, 136 S.Ct. Court upholds the University of Texas Dep’t of Housing 1769, 578 U.S. ____. The Court Texas at Austin’s race-conscious and Community Affairs holds that the forty-five day admissions program under v. Inclusive Communities limitation period for an employee the Equal Protection Clause. Project, Inc., 135 S. Ct. 2507, to file a Title VII constructive Reaffirming the ruling inGrutter 576 U.S. ___. The Court holds discharge claim with the Equal v. Bollinger, the Court holds that that the Fair Housing Act Employment Opportunity race can be a factor in admissions prohibits practices that have Commission begins running only to achieve the compelling a discriminatory effect, known after the employee gives notice interest of diversity, and that the as “disparate impact,” even in of her intent to resign. The Court University’s consideration of race the absence of discriminatory overturns prior decisions that held as one factor in a holistic review intent. The ACLU Women’s the limitation period begins to run was narrowly tailored to serve this Rights Project and Racial Justice when the discriminatory conduct compelling interest. The ACLU Project co-author an amicus brief takes place, and instead finds authors an amicus brief in support emphasizing the importance that an employee does not have of the University’s admissions of preserving disparate impact a “complete and present cause of program, urging the court not analysis as a means for addressing action” for constructive discharge to apply strict scrutiny for race- discriminatory barriers in the until she resigns. conscious policies intended to housing context, with a particular encourage diversity. focus on the need for such claims to remedy discrimination in

14 American Civil Liberties Union Whole Woman’s Health v. about parental responsibility, Hellerstedt, 136 S.Ct. 2292, 579 citing the ACLU’s amicus brief. U.S. _____. The ACLU authors an amicus brief urging the Court to strike down two Texas abortion restrictions. The first restriction required physicians who perform abortions to have admitting privileges at a local hospital. The second required abortion clinics to meet the standards of an ambulatory surgical care center. The Court invalidates both restrictions, holding that they placed an undue burden on the right to obtain an abortion and imposed substantial obstacles without providing countervailing medical benefits.

2017

Bank of America v. City of Miami, 137 S.Ct. 1296, 581 U.S. _____. In a 5-3 decision, the Court reaffirms that when housing discrimination harms a city’s residents and tax base, the city can sue under the Fair Housing Act, if its injuries were directly caused by the discrimination. The ACLU files anamicus brief.

Sessions v. Morales-Santana, 137 S.Ct. 1678. The Court holds that Section 1409(c) of the Immigration and Nationality Act, which establishes a physical presence requirement for children of unwed U.S. citizen fathers—but not mothers—violates the Equal Protection Clause of the Fifth Amendment. Justice Ginsburg’s majority opinion rejects the purported justifications for the sex-based distinction as resting solely on gendered assumptions

Timeline of Major Supreme Court Decisions on Women’s Rights 15