North America

Myra Bradwell petitioned to be admitted to the bar and to be allowed to practice law, but was denied by the Supreme Court of Illinois. The United States Supreme Court upheld this decision, noting that a woman’s freedom to pursue the occupation of a lawyer was not a “privilege and immunity” of Untied States citizenship that was protected from state restriction by the 14th amendment to the United States Constitution. Thus the court found that excluding women from the bar did not violate the U.S. Constitution.

In Breest v. Haggis (1st Dep’t 2019), the plaintiff brought civil claims under the New York City Victims of Gender-Motivated Violence Protection Act (VGMVPA), asserting that a well-known filmmaker sexually assaulted her and that the assault constituted “a crime of violence motivated by gender.” The defendants moved to dismiss, arguing that the complaint did not adequately allege that gender bias was a motivating factor.

Here, the plaintiff sued her former attorney for sexual misconduct and malpractice.  Under 11 Del. C.

The Government of British Colombia established minimum physical fitness standards for fire fighters. The claimant, a woman, had previously performed her work satisfactorily but failed to meet the aerobic standard. The arbitrator found that the aerobic standard constituted adverse discrimination based on sex because men as a group have a higher aerobic capacity than women and therefore are more able to reach the standard. The Court of Appeal overturned the ruling.

In Brittell v. Department of Correction, 247 Conn. 148 (1998), the plaintiff, a correction officer, alleged that the Department of Correction failed to remedy a hostile work environment caused by sexual harassment and rumors about her gender identity. After internal investigations failed to identify responsible individuals, the Department warned staff, provided support services, and offered the plaintiff a transfer, which she declined.

In Brooke S.B. v. Elizabeth A.C.C., 28 N.Y.3d 1 (2016), a non-biological parent in a same-sex relationship sought custody and visitation after their relationship had ended. Under previous precedent (Alison D. v. Virginia M. (77 NY2d 651 [1991])) only biological or adoptive parents were recognized.

The respondent’s group insurance plan provided weekly benefits for loss of pay due to accident or sickness. The plan covered pregnant women subject to an exclusion from coverage during the period commencing on the tenth week prior to the expected week of childbirth and extending to six weeks after it (even if the accident or sickness was unrelated to the pregnancy).

Three female Safeway employees filed a complaint with the Manitoba Human Rights Commission stating that the company plan discriminated based on sex and family status by denying benefits for loss of pay due to accident or sickness during a 17-week period during pregnancy (even if the accident or sickness at issue was unrelated to the pregnancy). The Commission’s adjudicator dismissed the claims, and this decision was upheld by the Court of the Queen’s Bench and the Court of Appeal. The Supreme Court of Canada decided that Safeway’s plan did discriminate against pregnant women.

The plaintiff, a 59 year-old male employee, was fired following his failure to disclose documents he received from a customer. He filed suit in the Shelby County Circuit Court alleging both age and sex discrimination in violation of the Tennessee Human Rights Act. He asserted that a female employee in a similar situation was treated more favorably and that the firing was a pretext for replacing him with a younger female employee.

Dubreuil proceedings (state legal proceedings used to compel a pregnant woman to undergo medical confinement, treatment, and procedures against her wishes for the benefit of the unborn fetus) were initiated against Burton on a finding that she had ignored her physician’s recommendations, creating a high-risk pregnancy that may result in the death of her baby. A Florida circuit court ordered Burton to forced medial treatment and confinement in a hospital until delivery.