Law Commons^™

Pushback: Title Vii Takes On Hobby Lobby, Carole Okolowicz

DePaul Journal of Women, Gender and the Law

In Hobby Lobby, the U.S. Supreme Court decided that a for-profit corporation could avoid the requirement under the Affordable Care Act that it pay for coverage of female contraception in the employee health plan due to the employer’s religious objections to birth control. In so deciding, the Court allowed the employer to discriminate against its female employees in their employee benefits. Such a decision raises the possibility of a claim of sex discrimination by the corporation’s female employees under Title VII. This article explores the main issues and pitfalls in such a claim.

The two main issues with the possible …