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Full-Text Articles in Law
Gender Matters: Making The Case For Trans Inclusion, Nancy J. Knauer
Gender Matters: Making The Case For Trans Inclusion, Nancy J. Knauer
Nancy J. Knauer
The transgender communities are producing an important and nuanced critique of our gender system. For community members, the project is self-constitutive and, therefore, has an immediacy that also marks the efforts of other marginalized groups who have attempted to make sense of the world through description, interrogation, and, ultimately, a program for transformation. The transgender project also has universalizing elements because, existing within the gender system, each one of us embodies a particular gender articulation. It is through this articulation that we define ourselves in relation to the gender we were assigned at birth, the gender we choose, the gender …
Private Employer Dress Codes And Laws Against Sexual Orientation And Gender Expression Discrimination: The Normative Stereotype Exception Should Not Survive, Ben Kleinman
Ben Kleinman-Green
In this paper I attempted to do two things. First, to remind readers that current exceptions to anti-discrimination law as applied to dress codes exist because courts find sexual orientation and gender to be outside the scope of Title VII and because courts have ruled that many dress codes that distinguish between men and women do not do so in an objectively harmful way. Second, to show that laws specifically prohibiting sexual orientation and gender discrimination effectively vitiate the ability of the courts to apply normative stereotype exceptions.