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Articles 1 - 30 of 31
Full-Text Articles in Law
Sharing Sexism, Katharine T. Bartlett
Unconstitutionally Male?: The Story Of United States V. Virginia, Katharine T. Bartlett
Unconstitutionally Male?: The Story Of United States V. Virginia, Katharine T. Bartlett
Faculty Scholarship
This article tracks the different views of gender equality reflected in United States v. Virginia, from trial through the various appeals, including the 1996 opinion of the United States Supreme Court, and through the actual integration of women into VMI. It highlights the fact that while many views of equality were represented in the case throughout its history, no party and no court addressed what is arguably the most objectionable feature of VMI, which was not that it excluded women, but that its "unique" pedagogical method was based on an explicitly demeaning and subordinating view of women.
(Trans)Forming Traditional Interpretations Of Title Vii: “Because Of Sex” And The Transgender Dilemma, Mary Kristen Kelly
(Trans)Forming Traditional Interpretations Of Title Vii: “Because Of Sex” And The Transgender Dilemma, Mary Kristen Kelly
Duke Journal of Gender Law & Policy
No abstract provided.
The Bfoq Defense: Title Vii’S Concession To Gender Discrimination, Katie Manley
The Bfoq Defense: Title Vii’S Concession To Gender Discrimination, Katie Manley
Duke Journal of Gender Law & Policy
Should the BFOQ exception still exist? Because permitting discrimination under Title VII seems fundamentally contrary to the anti-discrimination purpose of the statute, this article questions whether the BFOQ defense is consistent with the aims of Title VII or whether, in actuality, the defense undermines the Act's effectiveness by providing a loophole for employers to participate in the discriminatory practices Title VII seeks to forbid.
Pregnancy And Sex-Role Stereotyping: From ‘Struck’ To ‘Carhart’, Neil S. Siegel, Reva B. Siegel
Pregnancy And Sex-Role Stereotyping: From ‘Struck’ To ‘Carhart’, Neil S. Siegel, Reva B. Siegel
Faculty Scholarship
The guarantee of equal protection of the laws extends to women as well as men. Yet for the first 100 years of the Fourteenth Amendment’s life, the Supreme Court never found a law unconstitutional on the grounds that it discriminated on the basis of sex. Between 1970 and 1980, social movement advocacy and brilliant litigation by Ruth Bader Ginsburg and others changed our constitutional law. Over the course of the decade, the Court extended the anti-stereotyping principle from discrimination on the basis of race to discrimination on the basis of sex. But fidelity to the principle had its limits. In …
Some Modest Proposals For Challenging Established Dress Code Jurisprudence, Jennifer Levi
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 …
Gender Nonconformity And The Unfulfilled Promise Of Price Waterhouse V. Hopkins, Joel Wm. Friedman
Gender Nonconformity And The Unfulfilled Promise Of Price Waterhouse V. Hopkins, Joel Wm. Friedman
Duke Journal of Gender Law & Policy
The Supreme Court has articulated a doctrinal framework that, if construed and applied properly, provides the lower federal courts with the analytical tools necessary to identify and proscribe workplace rules that compel individuals to adhere to appearance, attire, and behavioral norms that operate to reinforce gendered expectations.1 Since the Supreme Court has ruled that penalizing an individual for failing to conform to gendered norms of behavior constitutes a form of sex-based discrimination,2 one would expect that employees would have achieved some measure of success in challenging such policies.
Babes And Beefcake: Exclusive Hiring Arrangements And Sexy Dress Codes, Ann C. Mcginley
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.
Vive La Difference? A Critical Analysis Of The Justification Of Sex-Dependent Workplace Restrictions On Dress And Grooming, Patrick S. Shin
Vive La Difference? A Critical Analysis Of The Justification Of Sex-Dependent Workplace Restrictions On Dress And Grooming, Patrick S. Shin
Duke Journal of Gender Law & Policy
Any answer here is bound to be controversial, but it would have to be founded on a notion that we, as a society, have reason to value and therefore preserve a state of affairs in which certain types of behaviors relating to the manner of presenting oneself to others are engaged in predominantly by members of one sex but not the other.109 To put it another way, the rationalizability of sex-dependent workplacepresentation rules must depend on the idea that, even granting that sex and gender or gender-performance can be conceptually disaggregated,110 we nevertheless have reason to maintain a state of …
Lessons From Equal Opportunity Harasser Doctrine: Challenging Sex-Specific Appearance And Dress Codes, Deborah Zalesne
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.
The Peahen’S Tale, Or Dressing Our Parts At Work, Julie A. Seaman
The Peahen’S Tale, Or Dressing Our Parts At Work, Julie A. Seaman
Duke Journal of Gender Law & Policy
However, there may ultimately be no logical way to reconcile decisions that prohibit employers from requiring women to wear revealing outfits and others that permit employers to require them to wear makeup,20 or decisions that prohibit penalizing a woman for being insufficiently feminine and others that permit penalizing a man for being insufficiently masculine.21 In addition, the increasing judicial acceptance of the sex stereotyping theory of sex discrimination under Title VII is in substantial tension with recent cases that insist that sex-differentiated dress and grooming requirements that "merely"22 conform to existing social gender norms do not amount to impermissible sex …
Branded: Corporate Image, Sexual Stereotyping, And The New Face Of Capitalism, Dianne Avery, Marion Crain
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 …
Disability, Disparate Impact, And Class Actions, Michael Ashley Stein, Michael E. Waterstone
Disability, Disparate Impact, And Class Actions, Michael Ashley Stein, Michael E. Waterstone
Duke Law Journal
Following Title VII's enactment, group-based employment discrimination actions flourished due to disparate impact theory and the class action device. Courts recognized that subordination that defined a group's social identity was also sufficient legally to bind members together, even when relief had to be issued individually. Woven through these cases was a notion of panethnicity that united inherently unrelated groups into a common identity, for example, Asian Americans. Stringent judicial interpretation subsequently eroded both legal frameworks and it has become increasingly difficult to assert collective employment actions, even against discriminatory practices affecting an entire group. This deconstruction has immensely disadvantaged persons …
Moving Past Hippies And Harassment: A Historical Approach To Sex, Appearance, And The Workplace, Erica Williamson
Moving Past Hippies And Harassment: A Historical Approach To Sex, Appearance, And The Workplace, Erica Williamson
Duke Law Journal
No abstract provided.
A National Model For Reconciling Equal Protection For Same-Sex Couples With State Marriage Amendments: Alaska Civil Liberties Union Ex Rel. Carter V. Alaska, Eric J. Lobsinger
A National Model For Reconciling Equal Protection For Same-Sex Couples With State Marriage Amendments: Alaska Civil Liberties Union Ex Rel. Carter V. Alaska, Eric J. Lobsinger
Alaska Law Review
No abstract provided.
Polygamy As A Red Herring In The Same-Sex Marriage Debate, Ruth K. Khalsa
Polygamy As A Red Herring In The Same-Sex Marriage Debate, Ruth K. Khalsa
Duke Law Journal
No abstract provided.
Following The Law, Not The Crowd: The Constitutionality Of Nontraditional High School Athletic Seasons, Courtney E. Schafer
Following The Law, Not The Crowd: The Constitutionality Of Nontraditional High School Athletic Seasons, Courtney E. Schafer
Duke Law Journal
No abstract provided.
A Lesson In English And Gender: Title Ix And The Male Student-Athlete, Sarah E. Gohl
A Lesson In English And Gender: Title Ix And The Male Student-Athlete, Sarah E. Gohl
Duke Law Journal
No abstract provided.
Comparing Race And Sex Discrimination In Custody Cases, Katharine T. Bartlett
Comparing Race And Sex Discrimination In Custody Cases, Katharine T. Bartlett
Faculty Scholarship
No abstract provided.
What Would Be The Impact Of Eliminating Affirmative Action?, Erwin Chemerinsky
What Would Be The Impact Of Eliminating Affirmative Action?, Erwin Chemerinsky
Faculty Scholarship
No abstract provided.
The Impact Of The Proposed California Civil Rights Initiative, Erwin Chemerinsky
The Impact Of The Proposed California Civil Rights Initiative, Erwin Chemerinsky
Faculty Scholarship
No abstract provided.
The Canadian Judicial Approach To Equality Rights: Freedom Ride Or Roller Coaster?, M. David Lepofsky
The Canadian Judicial Approach To Equality Rights: Freedom Ride Or Roller Coaster?, M. David Lepofsky
Law and Contemporary Problems
The routes that can be followed by the Supreme Court at the crossroad to full equality rights protection are discussed. The Court should not tolerate any stereotyping of the elderly, women, the handicapped or anyone else.
Obscuring The Importance Of Race: The Implication Of Making Comparisons Between Racism And Sexism (Or Other-Isms), Trina Grillo, Stephanie M. Wildman
Obscuring The Importance Of Race: The Implication Of Making Comparisons Between Racism And Sexism (Or Other-Isms), Trina Grillo, Stephanie M. Wildman
Duke Law Journal
No abstract provided.
Dissolving The Sameness/Difference Debate: A Post-Modern Path Beyond Essentialism In Feminist And Critical Race Theory, Joan C. Williams
Dissolving The Sameness/Difference Debate: A Post-Modern Path Beyond Essentialism In Feminist And Critical Race Theory, Joan C. Williams
Duke Law Journal
No abstract provided.
Occupational Inequality, Deborah L. Rhode
Disparate Impact, Disparate Treatment, And The Displaced Homemaker, Marilyn V. Yarbrough
Disparate Impact, Disparate Treatment, And The Displaced Homemaker, Marilyn V. Yarbrough
Law and Contemporary Problems
No abstract provided.
Sex Discrimination In The Supreme Court—A Comment On Sex Equality, Sex Differences, And The Supreme Court, Earl M. Maltz
Sex Discrimination In The Supreme Court—A Comment On Sex Equality, Sex Differences, And The Supreme Court, Earl M. Maltz
Duke Law Journal
No abstract provided.
Woman’S Constitution, Kenneth L. Karst
Woman’S Constitution, Kenneth L. Karst
Duke Law Journal
The idea of woman is a social construct. Professor Karst begins by considering some of the sources of that construct, and how American law has both reflected and reinforced it. Next, he discusses the role of constitutional law in the modern reconstruction of "woman's place," and examines the limitations of that transformation. Finally, recognizing that women as a group do tend to perceive social relations and approach moral issues in distinctive ways, Professor Karst speculates on the possible consequences of a reconstruction of our constitutional law to include an important measure of that distinctive morality and worldview.
Dependents’ Pregnancy-Related Medical Benefits And The Pregnancy Discrimination Act, Gusti W. Frankel
Dependents’ Pregnancy-Related Medical Benefits And The Pregnancy Discrimination Act, Gusti W. Frankel
Duke Law Journal
No abstract provided.
Title Ix Does Not Apply To Faculty Employment, Bernard H. Friedman
Title Ix Does Not Apply To Faculty Employment, Bernard H. Friedman
Duke Law Journal
No abstract provided.