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TUDOR v. SOUTHEASTERN OKLAHOMA STATE UNIVERSITY

Nos. 18-6102, 18-6165.

13 F.4th 1019 (2021)

Dr. Rachel TUDOR, Plaintiff-Appellant/Cross-Appellee, v. SOUTHEASTERN OKLAHOMA STATE UNIVERSITY; The Regional University System of Oklahoma, Defendants-Appellees/Cross-Appellants. National Women's Law Center; A Better Balance; Alliance for a Just Society; American Association of University Women; American Federation of Teachers; Atlanta Women for Equality, California Women Lawyers; Colorado Women's Bar Association; Colorado Organization for Latina Opportunity and Reproductive Rights; DC Coalition Against Domestic Violence, End Rape on Campus; Gender Justice; Girls for Gender Equity; If/When/How: Lawyering for Reproductive Justice; In Our Own Voice: National Black Women's Reproductive Justice Agenda; Lawyers Club of San Diego; Legal Aid at Work; Legal Voice; National Asian Pacific American Women's Forum; National Crittenton; National Employment Lawyers Association; National LGBTQ Task Force; National Network of Abortion Funds; National Organization for Women Foundation; National Partnership for Women & Families; National Women's Political Caucus; Oklahoma Coalition for Reproductive Justice; Sargent Shriver National Center on Poverty Law; Sisterreach; The Women's Law Center of Maryland; Women's Law Project; Women's Bar Association of the District of Columbia; Lambda Legal Defense & Education Fund, Inc., Amici Curiae.

United States Court of Appeals, Tenth Circuit.

FILED September 13, 2021.

Attorney(s) appearing for the Case

Jillian T. Weiss , Law Office of Jillian T. Weiss, P.C., Brooklyn, New York ( Ezra Ishmael Young , Law Office of Ezra Young, Brooklyn, New York; Brittany M. Novotny , National Litigation Law Group PLLC, Oklahoma City, Oklahoma; Marie Eisela Galindo , Law Office of Marie E. Galindo, Lubbock, Texas, on the briefs), for Plaintiff-Appellant.

Zachary West , Assistant Solicitor General ( Andy N. Ferguson , Staff Attorney, with him on the briefs), Office of Attorney General, Oklahoma City, Oklahoma, for Defendants-Appellees.

Erica C. Lai , Cohen & Gresser LLP, Washington, D.C. ( Emily Martin and Sunu P. Chandy , National Women's Law Center, Washington, D.C.; Melissa H. Maxman and Danielle C. Morello , Cohen & Gresser LLP, Washington, D.C.; Danielle E. Perlman , Cohen & Gresser LLP, New York, New York, with her on the brief), for Amici Curiae National Women's Law Center, et al.

Gregory R. Nevins , Lambda Legal Defense and Education Fund Inc., Atlanta, Georgia, for Amicus Curiae Lambda Legal.

Before HARTZ, EBEL, and McHUGH Circuit Judges.

Dr. Rachel Tudor sued her former employer, Southeastern Oklahoma State University, under Title VII, claiming discrimination on the basis of sex, retaliation, and a hostile work environment after Southeastern denied her tenure, denied her the opportunity to reapply for tenure, and ultimately terminated her from the university...

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