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Selected Works

Kimberly Yuracko

2011

Women

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Full-Text Articles in Law

The New Gender Essentialism, Kimberly A. Yuracko Aug 2011

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 …