Research Guides: Gender & Law: Statutory Law

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Annotated versions of statutory law often cite to case law, secondary sources, other relevant statutes and regulations that will help you with your research.

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Statutory Law

The Civil Rights Act of 1964 Pub.L. 88–352, 78 Stat. 241, 42 U.S.C. § 2000a et seq. Title VII of the Civil Rights Act of 1964 prohibits employment discrimination based on race, color, religion, sex and national origin.
The Civil Rights Act of 1991 Pub.L. 102–166, 105 Stat. 1071, 42 U.S.C. § 1981, 2 U.S.C. §§ 60, 1201, 1202, 1219, 1220 The Civil Rights Act of 1991 made major changes in the federal laws against employment discrimination enforced by EEOC. Enacted in part to reverse several Supreme Court decisions that limited the rights of persons protected by these laws, the Act also provides additional protections. The Act authorizes compensatory and punitive damages in cases of intentional discrimination, and provides for obtaining attorneys' fees and the possibility of jury trials. It also directs the EEOC to expand its technical assistance and outreach activities.
Equal Pay Act of 1963 (EPA) Pub.L. 88–38, 77 Stat. 56, 29 U.S.C. § 206(d) The EPA prohibits sex discrimination in the payment of wages to men and women performing jobs that require substantially equal skill, effort and responsibility, under similar working conditions within the same establishment. The EPA also prohibits retaliation against applicants or employees who oppose compensation practices that discriminate based on sex or who file a discrimination charge, testify, or participate in any way in an investigation, proceeding, or litigation under the EPA.
Freedom of Access to Clinic Entrances Act (FACE) Pub.L. 103–259, 108 Stat. 694, 18 U.S.C. § 248 This Act prohibits the use or threat of force and physical obstruction that injures, intimidates, or interferes with a person seeking to obtain or provide reproductive health services. It also prohibits intentional property damage of a facility providing reproductive health services.
Family and Medical Leave Act of 1993 (FMLA) Pub.L. 103–3, 107 Stat. 6, 5 U.S.C. §§ 6381-6387; 29 U.S.C. §§ 2601, 2611-2619, 2631-2636, 2651-2654 FMLA is designed to help employees balance their work and family responsibilities by allowing them to take reasonable unpaid leave for certain family and medical reasons. FMLA applies to all public agencies, all public and private elementary and secondary schools, and companies with 50 or more employees.
Partial-Birth Abortion Ban Act of 2003 Pub.L. 108–105, 117 Stat. 1201, 18 U.S.C. § 1531 The Partial-Birth Abortion Ban Act of 2003 amends the federal criminal code to prohibit any physician or other individual from performing a “partial-birth abortion,” as defined in the Act, unless the procedure is necessary to save the life of the mother. Violators of this Act shall be fined, imprisoned for up to two years, or both.
Pregnancy Discrimination Act (PDA) Pub.L. 95–555, 92 Stat. 2076, 42 U.S.C. § 2000(e) et seq. Title VII makes it unlawful for an employer "to fail or refuse to hire or to discharge any individual, or otherwise to discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual's race, color, religion, sex, or national origin." 42 U.S.C. § 2000e-2(a). As amended by the first clause of the PDA, Title VII defines the term "because of sex" as including, but not limited to, "because of or on the basis of pregnancy, childbirth, or related medical conditions." 42 U.S.C. § 2000e(k). The second clause of the PDA further provides that "women affected by pregnancy, childbirth, or related medical conditions shall be treated the same for all employment-related purposes, including receipt of benefits under fringe benefit programs, as other persons not so affected but similar in their ability or inability to work."
Title IX, Education Amendments of 1972 Pub.L. 92–318, 86 Stat. 235, 7 U.S.C. § 326a, 20 U.S.C. §§ 1651, 1652, 1654-1656, 1681-1688, 42 USCA § 2756a Title IX is a comprehensive federal law that prohibits discrimination on the basis of sex in any federally funded education program or activity. Title IX applies, with a few specific exceptions, to all aspects of federally funded education programs or activities. In addition to traditional educational institutions such as colleges, universities, and elementary and secondary schools, Title IX also applies to any education or training program operated by a recipient of federal financial assistance.
Violence Against Women Act of 1994 (VAWA) Pub.L. 103–322, 108 Stat. 1902, 18 U.S.C. §§ 2261-2266 VAWA is a federal law aimed at ending violence against women and remedying the laws and social practices that have fostered and justified the history of violence against women. VAWA focuses on nine specific areas of intervention: enhancing judicial and law enforcement tools to combat violence against women (Title I); improving services for victims (Title II); services, protection, and justice for young victims of violence (Title III); strengthening America’s families by preventing violence (Title IV); strengthening the healthcare system’s response (Title V); housing opportunities and safety for battered women and children (Title VI); providing economic security for victims (Title VII); protection of battered and trafficked immigrants (Title VIII); and safety for Indian women (Title IX).
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Pub.L. 103–322, 108 Stat. 1902, 16 U.S.C. § 1a–7a, 18 U.S.C. §§ 2247-2248, 2259, 2261-2266, 42 USCA §§ 3796gg et seq., 5712d, 10416-10418, 13925, 13931, 13941-13943, 13951, 13961-13963, 13971, 13973, 13975, 13981, 13991 to 13994, 14001, 14002, 14011-14015, 14031-14040, 14041, 14041a, 14041b, 14042, 14043, 14043a, 14043a–1-14043a–3, 14043b, 14043b–1 to 14043b–4, 14043c, 14043c–1 to 14043c–3, 14043d, 14043d–1-4043d–4, 14043e, 14043e–1-14043e–4, 14043f, 14043g
United States Code (U.S.C.) The United States Code is the codification by subject matter of the general and permanent laws of the United States. It is divided by broad subjects into 51 titles and published by the Office of the Law Revision Counsel of the U.S. House of Representatives. The U.S. Code was first published in 1926. The next main edition was published in 1934, and subsequent main editions have been published every six years since 1934. In between editions, annual cumulative supplements are published in order to present the most current information. [H] [W] [L] [UC]
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Annotated versions of the U.S.C. are available through Westlaw (U.S.C.A.) and Lexis (U.S.C.S.).

Constitutional Provisions

14th Amendment: Equal Protection The 14th Amendment to the Constitution was ratified on July 9, 1868, and granted citizenship to “all persons born or naturalized in the United States.” In addition, it forbids states from denying any person "life, liberty or property, without due process of law" or to "deny to any person within its jurisdiction the equal protection of the laws.”
19th Amendment: Women’s Right to Vote Passed by Congress June 4, 1919, and ratified on August 18, 1920, the 19th amendment guarantees all American women the right to vote.
U.S. Constitution The U.S. Constitution is the preeminent source of law in the U.S. legal system. It created the three brances of government: legislative, judicial and executive.