Feminist Judgments

Ann C. McGinley is William S. Boyd Professor of Law and Co-Director of the Workplace Law Program at Boyd School of Law, University of Nevada, Las Vegas. She writes about the intersection of race, gender, masculinities, and employment discrimination law. Author of Masculinity at Work: Employment Discrimination through a Different Lens (2016) and co-editor of Masculinities and the Law: A Multidimensional Approach (2012), McGinley applies masculinities theory to advocate new interpretations of employment law. Nicole Buonocore Porter is Associate Dean for Academic Affairs and Professor of Law at University of Toledo College of Law. She writes about the employment rights of women and individuals with disabilities, concentrating on exploring ways that the law can avoid marginalizing both groups of employees. She is the co-author of two casebooks and one treatise. In 2018, she won a university-wide award for outstanding researcher.

1. Introduction Ann C. McGinley and Nicole Buonocore Porter; 2: Supreme Court and gender narratives Desert Palace, Inc. v. Costa, 539 U.S. 90 (2003) Commentary: Naomi M. Mann Judgment: Anne Mullins; 3. Pregnancy discrimination Int'l Union, UAW v. Johnson Controls, 499 U.S. 187 (1991) Commentary: Wynter Allen Judgment: Marcia McCormick, Young v. United Parcel Service, Inc., 135 S.Ct. 1338 (2015) Commentary: Bradley Areheart Judgment: Deborah Widiss; 4. Appearances – intersectional approaches Jespersen v. Harrah's Operating Co., 444 F.3d 1104 (9th Cir. 2006) (en banc) Commentary: Roxanna Bell Judgment: Angela Onwuachi-Willig and JoAnne Sweeney, E.E.O.C. v. Catastrophe Management Solutions, 852 F. 3d 1018 (11th Cir. 2016) Commentary: Jaspir (Jesse) Bawa Judgment: D. Wendy Greene, Webb v. City of Philadelphia, 562 F.3d 256 (3d Cir. 2009) Commentary: Sahar Aziz Judgment: Valorie Vojdik; 5. Harassment because of sex Meritor Savings Bank, FSB v. Vinson, 477 U.S. 57 (1986) (opinion reproduced from Feminist Judgments) Commentary: Trina Jones Judgment: Angela Onwuachi-Willig, Oncale v. Sundowner Services, 523 U.S. 75 (1998) (opinion reproduced from Feminist Judgments) Commentary: Nancy E. Dowd Judgment: Ann C. McGinley; 6. Sexual orientation and gender identity discrimination as sex discrimination Etsitty v. Utah Transit Authority, 502 F.3d 1215 (10th Cir. 2007) Commentary: Pamela Wilkins Judgment: Catherine Archibald, Hively v. Ivy Tech Community College, 853 F.3d 339 (7th Cir. 2017) (en banc) Commentary: Danielle D. Weatherby Judgment: Ryan H. Nelson; 7. Systemic claims and gender: proving disparate treatment and impact AFSCME v. State of Washington, 770 F.2d 1401 (9th Cir. 1985) Commentary: Stephanie Bornstein Judgment: Teresa Godwin Phelps, E.E.O.C. v. Sears, Roebuck & Co., 839 F.2d 302 (7th Cir. 1988) Commentary: Maria Ontiveros Judgment: Leticia Saucedo, Ricci v. DeStefano, 557 U.S. 557 (2009) Commentary: Rebecca K. Lee Judgment: Marley Weiss, Wal-Mart Stores, Inc. v. Dukes, 564 U.S. 338 (2011) Commentary: Charles Sullivan Judgment: Tristin Green; 8. Retaliation Clark County School District v. Breeden, 532 U.S. 268 (2001) Commentary: Rebecca Hanner White Judgment: Michael Z. Green.