Law Commons^™

Deceptive Appearances: Judges, Cognitive Bias, And Dress Codes, Marybeth Herald

Marybeth Herald

Although it is no longer legal to deny women the right to work simply because they are women, an employer can still require women conform to gender-based appearance norms in order to keep their jobs. In some industries, lipstick, foundation, mascara, and blush remain essential components of a woman's professional uniform. In these industries, men are spared the obligation of cosmetic upkeep, because only women must don face-paint to appear comfortably recognizable to customers.

Why this differential dress-code is not considered discrimination on the basis of sex under Title VII is the mystery. The textual force of anti-discrimination law would …

Indigenous Peoples And Environmental Justice: The Impact Of Climate Change, Rebecca Tsosie

The Climate of Environmental Justice: Taking Stock (March 16-17)

Presenter: Rebecca Tsosie, Professor of Law, Arizona State University

1 page.

Preserving The Seeds Of Gender Fluidity: Tribal Courts And The Berdache Tradition, Andrew Gilden

Michigan Journal of Gender & Law

This Article outlines the particular cultural characteristics giving rise to traditional berdachism, the means by which American policies fostered their decline, and the Navajo tribal courts' re-infusion of these characteristics into contemporary jurisprudence. By tracking the interplay between the traditional values of child autonomy, gender equality, and tribal collectivism, the rise, fall and potential reemergence of the berdache tradition can be analyzed as resulting from shifts in its determinative cultural elements.

Some Modest Proposals For Challenging Established Dress Code Jurisprudence, Jennifer Levi

Duke Journal of Gender Law & Policy

Two well-established exceptions to the rule exist for dress codes that either (1) objectify or sexualize women1 or (2) allow for flexibility of standards for male employees' appearance but require stricter rules for women.2 A third, still-evolving exception has recently developed regarding challenges to dress codes by transgender litigants.3 Despite this recent progress, however, the classical gender-based dress code-requiring women to conform to feminine stereotypes and men to conform to masculine stereotypes-has, up to the present, been sustained by a majority of the courts time and again.4 It is, therefore, fortitious that two cases now offer insights as to why …

Babes And Beefcake: Exclusive Hiring Arrangements And Sexy Dress Codes, Ann C. Mcginley

Duke Journal of Gender Law & Policy

Concluding that being a woman should not be a BFOQ for the job, this article addresses whether casino owners may require that women and men cocktail servers wear sexy provocative uniforms to serve cocktails in Las Vegas casinos.

Facial Discrimination: Darlene Jespersen’S Fight Against The Barbie-Fication Of Bartenders, Jennifer C. Pizer

Duke Journal of Gender Law & Policy

Lambda Legal took up Darlene Jespersen's case because restrictive, genderbased rules about personal appearance and deportment can pose particular burdens for anyone whose gender identity or expression varies from conventional stereotypes; lesbian, gay, bisexual, and transgender ("LGBT") people are disproportionately burdened by such rules.7 Many LGBT people cannot readily conform to conventional gender stereotypes. 8 For others, simply the process of "coming out" as LGBT or "queer" gives rise to a deep critique of the artificially restrictive gender stereotypes that pervade our modern lives and shape corporate marketing campaigns.

Gender Performance Over Job Performance: Body Art Work Rules And The Continuing Subordination Of The Feminine, Lucille M. Ponte, Jennifer L. Gillan

Duke Journal of Gender Law & Policy

No abstract provided.

The Hair Dilemma: Conform To Mainstream Expectations Or Emphasize Racial Identity, Ashleigh Shelby Rosette, Tracy L. Dumas

Duke Journal of Gender Law & Policy

Throughout American history, skin color, eye color, and hair texture have had the power to shape the quality of Black people's lives, and that trend continues today for Black women in the workplace.

Lessons From Equal Opportunity Harasser Doctrine: Challenging Sex-Specific Appearance And Dress Codes, Deborah Zalesne

Duke Journal of Gender Law & Policy

Importing interpretations of Title VII developed from the equal opportunity harasser doctrine to dress code cases-which also fall under the purview of Title VII-would allow courts to focus on the sex-based underpinnings of employer dress codes that construct women as generally inferior to men and the harm that dress codes present to individuals who deviate from accepted gender norms, without requiring comparative evidence of unequal burdens to both sexes.

Branded: Corporate Image, Sexual Stereotyping, And The New Face Of Capitalism, Dianne Avery, Marion Crain

Duke Journal of Gender Law & Policy

In the context of unionized workforces covered by collective bargaining agreements, companies have-at most-been required to demonstrate a reasonable relationship between the grooming code and the business's effort to project a corporate image that it believes will result in a larger market share.5 In a small number of cases, sexualized branding that exposes workers to sexual harassment or is predicated upon sexual stereotypes not essential to performance of the job has been curtailed by the antidiscrimination mandate of Title VII.6 However, challenges under Title VII have been effective only where corporate branding is at odds with community norms; where the …

We Need Inquire Further: Normative Sterotypes, Hasidic Jews, And The Civil Rights Act Of 1866, William Kaplowitz

Michigan Journal of Race and Law

According to modern Supreme Court opinions, The Civil Rights Act of 1866 prohibits only "discrimination [against members of protected groups] solely because of their ancestry or ethnic characteristics." The Court refers to this type of discrimination as 'racial animus.' In the 1987 case Shaare Tefila Congregation v. CobbJews were recognized as a protected ethnic group under these statutes, but the Supreme Court also reaffirmed that The Civil Rights Act only prohibits 'ethnic' or 'ancestral' discrimination. The Act does not encompass religious discrimination. Yet, despite the Supreme Court's rulings, the district courts held that both Rabbi LeBlanc-Sternberg's and Mr. Singers' allegations …

Cultural Convergence: Interest Convergence Theory Meets The Cultural Defense?, Cynthia Lee

GW Law Faculty Publications & Other Works

Much has been written about the so-called cultural defense or, more accurately, the proffer of cultural evidence by a criminal defendant seeking to mitigate a charge or sentence. Many scholars support the admission of cultural evidence, but argue it should be limited to cases where such evidence is used to negate the mens rea element of the charged offense. Others feel that the admission of cultural evidence violates the principle of equal protection and favors immigrant and minority defendants over American defendants, and therefore the practice should be sharply circumscribed. Recently, a few legal scholars have issued calls for recognition …

Exposing Sex Stereotypes In Recent Same-Sex Marriage Jurisprudence, Deborah A. Widiss, Elizabeth Rosenblatt, Douglas Nejaime

Articles by Maurer Faculty

This article examines sex discrimination arguments in recent same-sex marriage cases. Since 1993, when the Hawaii Supreme Court held in Baehr v. Lewin that denying same-sex couples the right to marry could state a claim of sex discrimination, every state high court to consider the issue has rejected the claim. But many recent decisions have in fact relied upon sex-based stereotypes to justify marriage restrictions. These include claims that men and women, simply by virtue of their gender, provide distinct role models for children; that men and women play "opposite" or "complementary" roles within marriage; and that marriage is essential …