122 Cited authorities

  1. Winter v. Natural Res. Def. Council, Inc.

    555 U.S. 7 (2008)   Cited 12,238 times   44 Legal Analyses
    Holding that a party seeking a preliminary injunction "must establish that he is likely to succeed on the merits, that he is likely to suffer irreparable harm in the absence of preliminary relief, that the balance of equities tips in his favor, and that an injunction is in the public interest"
  2. Lujan v. Defs. of Wildlife

    504 U.S. 555 (1992)   Cited 21,414 times   122 Legal Analyses
    Holding that a sufficient specification of when the injury in fact will occur is necessary
  3. Arbaugh v. Y H Corp.

    546 U.S. 500 (2006)   Cited 5,656 times   22 Legal Analyses
    Holding that Title VII's numerosity requirement is nonjurisdictional even though it serves the important policy goal of “spar[ing] very small businesses from Title VII liability”
  4. Steel Co. v. Citizens for Better Env't

    523 U.S. 83 (1998)   Cited 8,211 times   14 Legal Analyses
    Holding that judicial power extends to "cases and controversies of the sort traditionally amenable to, and resolved by, the judicial process"
  5. Friends of the Earth, Inc. v. Laidlaw Envtl. Servs. (TOC), Inc.

    528 U.S. 167 (2000)   Cited 5,522 times   24 Legal Analyses
    Holding that plaintiffs who curtailed their recreational activities on a river due to reasonable concerns about the effect of pollutant discharges into that river had standing
  6. Oncale v. Sundowner Offshore Servs., Inc.

    523 U.S. 75 (1998)   Cited 4,503 times   44 Legal Analyses
    Holding that "[w]hatever evidentiary route the plaintiff chooses to follow, he or she must always prove that the conduct at issue was not merely tinged with offensive . . . connotations"
  7. Los Angeles v. Lyons

    461 U.S. 95 (1983)   Cited 6,054 times   13 Legal Analyses
    Holding there is no justiciable controversy where plaintiff had once been subjected to a chokehold
  8. Price Waterhouse v. Hopkins

    490 U.S. 228 (1989)   Cited 4,313 times   160 Legal Analyses
    Holding that an employer discriminated on the basis of sex when he "act[ed] on the basis of a belief that a woman cannot be aggressive, or that she must not be"
  9. Auer v. Robbins

    519 U.S. 452 (1997)   Cited 2,110 times   81 Legal Analyses
    Holding that agency interpretations of their own regulations are "controlling unless ‘plainly erroneous or inconsistent with the regulation’ " (quoting Robertson v. Methow Valley Citizens Council , 490 U.S. 332, 359, 109 S.Ct. 1835, 104 L.Ed.2d 351 (1989) )
  10. Munaf v. Geren

    553 U.S. 674 (2008)   Cited 1,296 times   5 Legal Analyses
    Holding that civilian U.S. citizens held in U.S. military custody in Iraq could petition for a writ of habeas corpus in federal district court
  11. Section 2000e-2 - Unlawful employment practices

    42 U.S.C. § 2000e-2   Cited 24,081 times   146 Legal Analyses
    Providing that an employer is liable if an employee establishes that a protected characteristic was a motivating factor in an employment action
  12. Section 2000e-5 - Enforcement provisions

    42 U.S.C. § 2000e-5   Cited 23,772 times   126 Legal Analyses
    Holding charges must be made in writing, under oath, and contain all information as the Commission requires
  13. Section 706 - Scope of review

    5 U.S.C. § 706   Cited 17,655 times   124 Legal Analyses
    Granting courts jurisdiction to "compel agency action unlawfully held or unreasonably delayed"
  14. Section 553 - Rule making

    5 U.S.C. § 553   Cited 3,764 times   112 Legal Analyses
    Exempting "interpretative rules," among other things, from the notice-and-comment requirement
  15. Section 704 - Actions reviewable

    5 U.S.C. § 704   Cited 3,547 times   27 Legal Analyses
    Granting judicial review over " final agency action"
  16. Section 1681 - Sex

    20 U.S.C. § 1681   Cited 3,444 times   61 Legal Analyses
    Referencing application of Title IX prohibitions to school admissions
  17. Section 1682 - Federal administrative enforcement; report to Congressional committees

    20 U.S.C. § 1682   Cited 182 times
    Providing that a federal agency may terminate funding only after it "has advised the appropriate person or persons of the failure to comply with the requirement and has determined that compliance cannot be secured by voluntary means"
  18. Section 2000e-12 - Regulations; conformity of regulations with administrative procedure provisions; reliance on interpretations and instructions of Commission

    42 U.S.C. § 2000e-12   Cited 129 times   1 Legal Analyses
    Granting EEOC authority to issue procedural regulations to carry out Title VII provisions
  19. Section 711 - Unlawful employment practices; employer practices

    Del. Code tit. 19 § 711   Cited 75 times
    Prohibiting discrimination because of "sex (including pregnancy), sexual orientation," etc.
  20. Section 24-34-401 - Definitions

    Colo. Rev. Stat. § 24-34-401   Cited 63 times   2 Legal Analyses
    Defining "employer" to mean "every . . . person employing persons within the state"
  21. § 106.31 Education programs or activities

    34 C.F.R. § 106.31   Cited 35 times   1 Legal Analyses

    (a) General. Except as provided elsewhere in this part, no person shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any academic, extracurricular, research, occupational training, or other education program or activity operated by a recipient which receives Federal financial assistance. This subpart does not apply to actions of a recipient in connection with admission of its students to an education program or activity

  22. § 106.33 Comparable facilities

    34 C.F.R. § 106.33   Cited 26 times   15 Legal Analyses

    A recipient may provide separate toilet, locker room, and shower facilities on the basis of sex, but such facilities provided for students of one sex shall be comparable to such facilities provided for students of the other sex. [45 FR 30955, May 9, 1980, as amended at 85 FR 30579, May 19, 2020]

  23. § 100.8 Procedure for effecting compliance

    34 C.F.R. § 100.8   Cited 23 times
    Noting simply that "[i]f there appears to be a failure or threatened failure to comply with this regulation, and if the non-compliance or threatened noncompliance cannot be corrected by informal means, compliance . . . may be effected by the suspension or termination of . . . Federal financial assistance or by any other means authorized by law"
  24. § 54.410 Comparable facilities

    28 C.F.R. § 54.410   Cited 1 times

    A recipient may provide separate toilet, locker room, and shower facilities on the basis of sex, but such facilities provided for students of one sex shall be comparable to such facilities provided for students of the other sex.

  25. § 0.51 Leadership and coordination of nondiscrimination laws

    28 C.F.R. § 0.51

    (a) The Assistant Attorney General in charge of the Civil Rights Division shall, except as reserved herein, exercise the authority vested in and perform the functions assigned to the Attorney General by Executive Order 12250 (“Leadership and Coordination of Nondiscrimination Laws”). This delegation does not include the function, vested in the Attorney General by sections 1-101 and 1-102 of the Executive order, of approving agency rules, regulations, and orders of general applicability issued under

  26. § 54.400 Education programs or activities

    28 C.F.R. § 54.400

    (a) General. Except as provided elsewhere in these Title IX regulations, no person shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any academic, extracurricular, research, occupational training, or other education program or activity operated by a recipient that receives Federal financial assistance. Sections 54.400 through 54.455 do not apply to actions of a recipient in connection with admission of its students to