Also known as: gender biases · gender-biased · sex bias · gender discrimination
Written by attorneys · grounded in primary & secondary sources — see below
An attitude or practice resulting in unequal treatment or stereotyping of individuals based on sex. Such bias supports an equal protection violation only when it reflects purposeful discrimination rather than mere disparate impact from a neutral rule.
Gwen Gallagher, a civilian applicant, sued the state personnel office after repeated rejections in favor of veteran candidates for mid-level positions. The office had adopted the absolute preference to reward military service, knowing most veterans are male. Because the policy was facially neutral and adopted without intent to disadvantage women, the court found no gender bias sufficient to trigger heightened scrutiny.
Gavin Grant faced felony charges under a state law that criminalized sexual intercourse with a minor female but not a minor male. Grant argued the statute reflected gender bias by presuming only females needed protection. The court upheld the classification because it addressed real differences in the risks of teenage pregnancy rather than invidious stereotyping.
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Grace Gupta applied to a state-supported military college that excluded women. The institution defended the single-sex policy as essential to its adversarial training model. The court found the exclusion rested on outdated assumptions about women's capabilities and therefore constituted impermissible gender bias under the Equal Protection Clause.
Gideon Graves was sued under a federal statute creating a civil cause of action for victims of gender-motivated assaults. The defendant argued Congress lacked power to enact the provision because it targeted private conduct rather than state action. The court struck down the remedy, holding that gender bias in individual crimes does not authorize federal legislation absent a connection to state discrimination.
Gary Goldman, a judicial candidate, sought to discuss remedies for gender bias in sentencing during his campaign. State rules barred candidates from announcing views on disputed legal issues. The court invalidated the restriction because it suppressed discussion of gender bias without advancing a compelling interest in judicial impartiality.
Gregory Gates challenged a state nursing school's policy that admitted only women. The school claimed the single-sex environment compensated for past discrimination against women in the profession. The court held the exclusion of men reflected an impermissible gender bias that failed intermediate scrutiny because it was not substantially related to an important objective.
A facially neutral policy triggers heightened scrutiny only if the plaintiff proves the government adopted it because of its adverse effect on women, not merely in spite of that effect. Disparate impact alone is insufficient without evidence of discriminatory purpose.
A judge manifests gender bias by expressing or tolerating stereotypes that devalue women or mothers as litigators, such as stating litigation suits aggressive men better or chuckling at suggestions that a female plaintiff switch to part-time work. Such statements and inaction violate the duty to perform duties without bias or prejudice based on sex.
Yes. A party may not exercise peremptory strikes solely because a juror is male or female, even when the stated reason invokes stereotypes such as mothers worrying more about chemicals. Once a prima facie showing of gender discrimination is made, the striking party must offer a gender-neutral explanation or the strikes are invalid.
References to gender or pregnancy are permitted when those factors are directly relevant to an issue such as the reasonableness of an accommodation or calculation of damages. Repetitive questioning that shifts from relevance to harassment or stereotyping, however, violates rules against manifesting bias.
…States' bias and deter future instances of discrimination in the state courts. As our cases have established, state-sponsored gender discrimination violates equal protection unless it " serves "important governmental objectives and . . . the discriminatory means employed" are "substantially related to the achievement of those…