Gender bias - sustany/dvg GitHub Wiki

Gender bias refers to a person receiving different treatment based on the person�s real or perceived gender identity. Under California Family Code � 3011, a court should not consider the gender identity or gender expression of a parent, legal guardian, or relative in determining the best interests of a child when ruling on child custody. In Sahm v. Miami University, �gender bias� is used synonymously with �discrimination on the basis of sex.� Sahm explains that a plaintiff can prove gender bias against a defendant under Title IX of the Education Amendments of 1972 in situations relating to education programs and activities that receive federal funding. 20 U.S.C. � 1681(a) further solidifies this concept by explicitly stating that �[n]o person in the United States shall, on the basis of sex . . .� be discriminated against �under any education program or activity� that receives federal funds. Additionally, a judge cannot be biased based on gender. As mentioned in � 3.04 of Judicial Conduct and Ethics, Fifth Edition, Rule 2.3(B) of the 1990 Model Code of Judicial Conduct expressly prohibits a judge from being biased or prejudiced, or from harassing an individual based on the individual�s gender.