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Soul Of A Woman: The Sex Stereotyping Prohibition At Work, Kimberly A. Yuracko
Soul Of A Woman: The Sex Stereotyping Prohibition At Work, Kimberly A. Yuracko
Kimberly Yuracko
In 1989 the Supreme Court in Price Waterhouse v. Hopkins declared that sex stereotyping was a prohibited from of sex discrimination at work. This seemingly simple declaration has been the most important development in sex discrimination jurisprudence since the passage of Title VII. It has been used to extend the Act’s coverage and protect groups that were previously excluded. Astonishingly, however, the contours, dimensions and requirements of the prohibition have never been clearly articulated by courts or scholars. In this paper I evaluate four interpretations of what the sex stereotyping prohibition might mean in order to determine what it actually …
The New Gender Essentialism, Kimberly A. Yuracko
The New Gender Essentialism, Kimberly A. Yuracko
Kimberly Yuracko
In the 19th and early 20th Century women were often excluded from jobs and opportunities because of their sex. Sex, it was thought, defined individuals’ abilities and interests in ways that rendered women fit for certain tasks and unfit for many others. Fortunately, such sexual essentialism has been repudiated by courts. No longer, for example, may employers make assumptions about how women must or should behave because of their sex. Nonetheless, I contend that the sexual essentialism of the past is being replaced by a new form of gender essentialism whereby courts not only permit but in fact enforce dichotomous …