Women and Justice: Court: Court of Appeals for the Eighth Circuit

Domestic Case Law

MKB Management Corp. v. Stenehjem Court of Appeals for the Eighth Circuit (2015)

Gender discrimination

Red River Women’s Clinic, a subsidiary of MKB Management Corp. was the only abortion provider in the state of North Dakota. MKB Management Corp. challenged a North Dakota law which prohibited abortions following determination of fetal heartbeat. The District Court ruled that the North Dakota law infringed a woman’s constitutional right under the Due Process Clause of the Fourteenth Amendment to terminate pregnancy before viability which was established in Roe v. Wade and Planned Parenthood v. Casey. The United States Court of Appeals for the Eighth Circuit affirmed.

Yousuf v. Fairview Health Services Court of Appeals for the Eighth Circuit (2015)

Gender discrimination

Plaintiff Khadara-Ayan Yousuf, a U.S. citizen and a Muslim woman of Somali national origin, sued her former employer, Fairview Health Services for discrimination based on race, sex, pregnancy, religion, and national origin in violation of Title VII, 42 U.S.C., and 42 U.S.C. § 1981. Fairview Health Services, her former employer, alleged that they terminated her employment when she allegedly did not return from a leave of absence. Plaintiff claimed discrimination as violations of Title VII and 42 U.S.C. §1982. She appealed the district court’s grant of summary judgment in favor of the defendant. The Court of Appeals partially vacated the judgment with respect to the sex and pregnancy discrimination citing that Title VII has been amended via the Pregnancy Discrimination Act to prohibit employers from discriminating against a woman for her capacity to become pregnant, not merely because she is pregnant.