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Full-Text Articles in Civil Rights and Discrimination
Transgender Theory: Reprogramming Our Automated Settings, Marybeth Herald
Transgender Theory: Reprogramming Our Automated Settings, Marybeth Herald
Marybeth Herald
Over the course of the last few decades, both law and society have struggled to deprogram unhelpful and downright destructive gender stereotypes that are ubiquitous in our everyday existence. It has not been an easy task, nor entirely successful on either the legal or cultural front. Laws that prohibit gender discrimination, such as Title VII, have helped end overt discrimination. The next phase involves the challenging problem of unconscious bias, which often effectively keeps us treading the same mental paths while bypassing any roads not traveled.
It is not surprising then that when the validity of even the basic categories …
The Politics Of Infertility: Recognizing Coverage Exclusions As Discrimination, Elizabeth Pendo
The Politics Of Infertility: Recognizing Coverage Exclusions As Discrimination, Elizabeth Pendo
All Faculty Scholarship
Infertility affects approximately ten percent of the reproductive-age population in the United States, and strikes people of every race, ethnicity and socio-economic level. It is recognized by the medical community as a disease, one with devastating physical, psychological, and financial effects.
In 1998, the Supreme Court held in Bragdon v. Abbott that reproduction is a major life activity within the meaning of the ADA. Many lawyers, activists and scholars thought that coverage for infertility treatment would follow soon after. In fact, in 2003 in the first major case applying Bragdon to health benefits, Saks v. Franklin Covey, the Second Circuit …