Gender Bias

In recent years, gender discrimination has presented itself as an issue facing men as well as women. For example, courts may favor mothers in child custody proceedings over otherwise fit and eager dads. Below you will find a number of resources on these and other gender-related topics.

Gender Bias Links

American Civil Liberties Union
The ACLU works daily in courts, legislatures and communities to defend and preserve the individual rights and liberties guaranteed to every person in this country by the Constitution and laws of the United States.

Equal Justice Foundation
The Equal Justice Foundation seeks to defend human and individual rights as secured by law through charitable acts and the dissemination of educational materials.

Gender Public Advocacy Coalition
This site is devoted to addressing the problem of gender bias in the United States with news updates, access to state gender laws, and a wealth of other information on workplace fairness and violence prevention.

Civil Rights.org
Gender discrimination and other offenses to civil liberties are discussed.


Facts
  • According to a report by American University's Washington College of Law:
    Men and women who are the victims of gender discrimination in the workplace can find legal relief under the Civil Rights Act of 1964, the Equal Pay Act, the Family and Medical Leave Act, and the Americans with Disabilities Act.
Research

Some of the following research reports and articles are accessible via the Internet. Others are not accessible on the web as they require a password, such as those law review articles found on Lexis Nexis and Westlaw. Articles may be found in your local library or law library.

Insabella, Glendessa M. Williams, Tamra, and Pruett, Marsha Kline. Separated and Unmarried Fathers and the Courts: Individual and Co-parenting Differences between Divorcing and Unmarried Fathers: Implications for Family Court Services. 41 Fam. Ct. Rev. 290
This article explores fatherhood outside of marriage and sheds light on struggles that fathers - and the courts - face in determining issues relating to childcare in situations of single dads.

Sacks, Glenn and Thompson, Dianna. Fathers Bear the Brunt of Gender Bias in Family Courts. Insight on the News August 19, 2002.
Fathers' rights advocate Glenn Sacks tackles the issues of gender bias against dads in this insightful article.
Glenn Sacks

McNeely, Cynthia. Lagging Behind the Times: Parenthood, Custody, and Gender Bias in the Family Court. 25 Fla. L. St. U. L. Rev. (Sept. 1998).
Gender bias against fathers relative to custody proceedings is discussed with further mention of fathers' constitutional rights.
Florida State University Law Review

Logue, Patricia M. The Rights of Lesbian and Gay Parents and their Children. 18 J. Am. Acad. Matrimonial Law 95 (2002).
In light of recent developments in same-sex marriage, this article explores the ways in which various courts have held in regard to children and homosexual couples.


Case Law

Knussman v. Maryland, 272 F.3d 625 (Md. 2001) (MS Word format)
Plaintiff father sued for discrimination under the Family Medical Leave Act, alleging his superior made a prejudiced remark in response to the father's request for time off to care for newborn child.

United States Supreme Court Cases

Frontiero v. Richardson, 411 U.S. 677 (1973) (MS Word format)
Plaintiff challenged a military policy requiring female military personnel to prove that their husbands were dependant on them in order to receive certain health benefits when their male counterparts did not. The Supreme Court determined that gender discrimination violated Due Process and gender as a class is deserving of a higher level of scrutiny.

Craig v. Boren, 429 U.S. 1124 (1977)
(MS Word format)
Leading case on gender discrimination that held that a statute barring the sale of non-alcoholic beer to males 21 years and older and females 18 years and older was unconstitutional.