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1. THE NEW SEX DISCRIMINATION 2014

   https://ncsu.summon.serialssolutions.com/2.0.0/link/0/eLvHCXMwhV1ZS8QwEA4eL754i-tFFY-nsm2aJg2IIFrZFVG8UJ9CmiarIKvYin_fSdIVK4ovpbQfbelMZzLpl28Q2jYkygrKIfolmIdEYhJmCrPQGMhuhS0x1I_JHE-iqRpapeMFur_4MEAqnnUXJ4xD9QSV-TgUCF6X_ivc0qbpIETakEV2TXQTWz2_sLUy3iWNkxl0Obqd44rYDgXfSfNdJ1To1ClGooz_Ptosmm5GkMGhN_kcGtPDeTR-Jj8W0OZNLw_O87tg__HgOr8PjvvXR1cQnbzk7X738WAR3Z7kN0e9sOmBEA5InNWhoRJHUiuTFhrzVOIiZgk3mGFcqoQqXlAGO1zjyJScFTqlktFYlzQus5iUyTIKoKSQRhGXugmRPIMSySiWFamWTNKkg3bsGxNN20vYVHZioBrI96oSh4ntLMRwlnbQlsNZ2Yih5aV4QL_Xb4H2GpB5qd-kkg3N_2WordJUC7nbQg68zvZvwLUWED4A1Tq95MwiXr0-hxjZpIPsx1ILOXiqXmvhQ4fwgrRwGKwoIG8IKIPAhegIZvvJxxjDMAo8NVr56-KraArGTsTPxqyhifrtXa-jCetDG85BN9DkaX5-8fAJhcLiQg

   Kramer, Zachary A.

   Duke Law Journal, Vol. 63, Issue 4, pp. 891 - 953.

   Sex discrimination law has not kept pace with the lived experience of discrimination. In the early years of Title VII of the Civil Rights Act of 1964, courts settled on an idea of what sex discrimi... Read more

   Sex discrimination law has not kept pace with the lived experience of discrimination. In the early years of Title VII of the Civil Rights Act of 1964, courts settled on an idea of what sex discrimination looks like—formal practices that exclude employees based on their group membership. The problem is that sex discrimination has become highly individualized. Modern sex discrimination does not target all men or all women, nor does it target subgroups of men or women. The victims of modern sex discrimination are particular men and women who face discrimination because they do not or cannot conform to the norms of the workplace. These employees have been shut out of a sex discrimination regime that still expects employees to anchor their claims to a narrative of group subordination. I argue that the lived experience of discrimination should determine employment discrimination doctrine and not the other way around. Accordingly, I propose a new regime for sex discrimination law. The model for the new sex discrimination regime is religious discrimination law. Unlike other areas of employment discrimination law, religious discrimination law offers a dynamic conception of identity and a greater array of different theories of discrimination. I argue that sex discrimination law can and should work this way, too. On a broader level, the paper makes a strong normative claim about the substance of Title VII's sex equality project. I argue that sex discrimination law needs to recalibrate its vision of equality. Difference is universal. No two women (or men) are the same, and this is a good thing. Thus the central task of sex discrimination law should be to better recognize—and, in turn, protect—the distinctive ways in which employees express their maleness and femaleness. It is these differences, after all, that shape the way employees experience modern sex discrimination. Read less

   Journal Article  |  Full Text Online

2. Sex discrimination formalism 2023

   https://ncsu.summon.serialssolutions.com/2.0.0/link/0/eLvHCXMwrV3NS8MwFA9uJy_iF_hNQa9laZI2CYyBiOLNw4biqaRpshWcyqzon-9Lvzc9KO4SSkoDzS95H3m_94LQhWVYJJEE6UeJ9JkizBeacN9a0G6JczH06mEOrnNhfmSxD_4NLfQBuC5V9g_wNoNCBzwDyNACzND-Cuix-XRhFl3ez1VTB-eusOG8a3reZ4tp5nKwntRHlbHS0GccF1Yrl6Je0HW6RwGErtAqmnHa0MI3kCsxyIgfRdWnppR8EvrA-eFLohHLzhoQHUEXROW9RpXSDAQOW41SR9FXFE1D_ys3cVyWhs3y-GUxjUGCx-CQUBpE7YsJcSXYQEoUpmgoXQq1s1Al66EeDRyFkz88NpqXCxbWKUfu99qqCKQyGCbbaKuy9L3LErEdtGGed1EPJm0PnQ9nI4DNW4ZtOJiNvAa6fTS-uZ5c3frVbRX-glCW-8xoq1yQNsVcBSkYQpJxqqyighOcWGKxTKk21rAAxGwqsQ1lSGyScK4NPUAeuH7KalaYWIwpKcCVtZqLJDSKq4geortiVtQ0e3vN4zXM4tHaRzxGm-3KPEH9fPFuTlHf7eSzAqwvPCpFEQ

   Jessica A Clarke

   Virginia Law Review, Vol. 109, Issue 8, pp. 1699 - 1805.

   Critics of antidiscrimination law have long lamented that the Supreme Court is devoted to a shallow, formal version of equality that fails to account for substantive inequities and stands in the wa... Read more

   Critics of antidiscrimination law have long lamented that the Supreme Court is devoted to a shallow, formal version of equality that fails to account for substantive inequities and stands in the way of affirmative efforts to remediate systemic injustice. But these criticisms are primarily focused on the Supreme Court's interpretations of race discrimination law. The Court's most recent foray into statutory sex discrimination law, 'Bostock v. Clayton County', employed formalistic reasoning to move the law in an expansive direction, interpreting Title VII's sex discrimination provision to prohibit discrimination against lesbian, gay, and transgender employees. Examining post-'Bostock' developments, this Article asks whether formal equality might have more potential to advance civil rights than previously thought. It argues that "formal equality" is not a single legal inquiry; rather, in practice, it takes the form of at least three distinct tests. These tests lead to different results in different sex discrimination controversies, such as whether it is discrimination to treat someone adversely for being bisexual or nonbinary; to single out pregnancy, menstruation, breasts, or other aspects of reproductive biology for disparate treatment; to enforce sex-specific dress codes; to exclude transgender people from restrooms consistent with their gender identities; to ban genderaffirming health care; or to restrict who can change the sex designations on their identity documents. Although no formal test neatly maps onto prevailing normative theories and sociological insights about what discrimination is, in recent cases, courts have used formal tests to achieve results consistent with those theories. This account suggests that, rather than insisting that courts adopt substantive tests, civil rights scholars might reconsider the virtues of formalism. Read less

   Journal Article  |  Full Text Online

3. The Context of Workplace Sex Discrimination: Sex Composition, Workplace Culture and Relative Power 2011

   https://ncsu.summon.serialssolutions.com/2.0.0/link/0/eLvHCXMwlV3db9MwELfY9oKE-ByiY1QWH-WFtE3ifBhNk9rSrUPdOpoNxpPlOMkKD221tGj899zZSdUgROHl2si_Vo4dn-8udz8T8jpj7TD2OWg_1-EWkw6zQuUEVpbB7haji6F-C-aQV2UtDAYemt8nxj8sBq_FmOt7bIvsOHhOCubnXUYrdQsegVG3bgCmousU2e3gqbfyrBXyJmsixUxl3ylSmwslbBIRywq3e3OZw_Bk5lyLakikqrDdYhc6ekBGZf918gkeebCehd_SzIea7qJkedxwrw_J_cIgpR3T8IjcSaePyd6qjoU2qKngpYZQ5OcTModHi2pWq9sFnWX0S5naRQ8mh1F6Sz98Q12EOTY46wetyeH7ogm_U1RBRarYu7UfG3LPlMppQk2K3o-UnuMhbrvk8qh_0RtYxcENlgq4s7DsVPmhH0hbKXhQE_C-UzsGUyNNlJ3xxJWe9MAOip0E_CHuubEj7cyLA4llroGduM8IBT9IZoppe4MxyUPw6zIVhLGXykD6bo28KedTzA0xhzAv1F2RZyLkggmc9xrZxcleYfofwSDkbrtGGjj7Ajkw9IApE6gRcCO9keg4Xgj6yvfsGnlZBV7LZZ6L8Hi4GXQy-vwPoOisAnpbgLLZ4kYqWZRJzKYpMnVVkI0K8trwlP8JuF8BggJRleanegGshohhbBIM3xqhsCI2jG69slxWYDAMw8CxYZittfUjCgWZC_OYiwg2XBaASw1uObrnMK20XGEC-4kpgNN0tswFx-Nk4R_5JggL_wYBg52DVW3v_WfHnpO75nUCBuD2yfbiZpm-INu4xOtkK7gK6mSnM4yGJ3DV7ffgqns8_trFz8HgrFPXzNMgT9sjLc9R2p9QOkMtT7XUrc5Yy6iuVR3I8ejqF1IukH4

   Stainback, Kevin; Ratliff, Thomas N.; Roscigno, Vincent J.

   Social Forces, Vol. 89, Issue 4, pp. 1165 - 1188.

   Building on prior work surrounding negative workplace experiences, such as bullying and sexual harassment, we examine the extent to which organizational context is meaningful for the subjective exp... Read more

   Building on prior work surrounding negative workplace experiences, such as bullying and sexual harassment, we examine the extent to which organizational context is meaningful for the subjective experience of sex discrimination. Data draw on the 2002 National Study of the Changing Workforce, which provides a key indicator of individuals' sex discrimination experiences as well as arguably influential dimensions of organizational context—i.e., sex composition, workplace culture and relative power—suggested by prior research. Results indicate that the experience of sex discrimination is reduced for both women and men when they are part of the numerical majority of their work group. Although supportive workplace cultures mitigate the likelihood of sex discrimination, relative power in the workplace seems to matter little. We conclude by revisiting these results relative to perspectives surrounding hierarchy maintenance, group competition and internal cultural dynamics. Read less

   Journal Article  |  Full Text Online

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