Duke Journal of Gender Law & Policy

An annual interdisciplinary journal devoted to gender issues in the context of law and public policy with emphasis on practical analysis. Explores connections between social science and the law, and connections between scholarship and public policy and pr

Articles from Vol. 14, No. 1, January

An Essay for Keisha (and a Response to Professor Ford)
Some years ago, for a law review article, I created a character named Keisha Akbar. (1) The article had to do with Title VII; Keisha made her appearance in order to illustrate one pervasive form of employment discrimination. In the end, the article...
Babes and Beefcake: Exclusive Hiring Arrangements and Sexy Dress Codes
I. INTRODUCTION: EXCLUSIVE HIRING, BFOQS, AND SEX-SPECIFIC DRESS CODES Las Vegas casinos exclusively hire women to serve cocktails on the casino floor, dressing them in tight-fitting, sexy, uncomfortable costumes and high heels. The exclusive hiring...
Branded: Corporate Image, Sexual Stereotyping, and the New Face of Capitalism
I. INTRODUCTION II. BRANDING, MARKETING, AND APPEARANCE STANDARDS IN SERVICE BUSINESSES A. Branded Service B. Mechanisms of Control 1. Production Line Routinization 2. Standardization by Transformation ...
Facial Discrimination: Darlene Jespersen's Fight against the Barbie-Fication of Bartenders
I. INTRODUCTION Darlene Jespersen's struggle against Harrah's Operating Co. is a "Davida and Goliath" story: Jespersen, a determined career bartender, stood up to a mega-corporation's mandate that its female employees conform to a "uniform look"--a...
Foreword: Making Makeup Matter
I. THE TRIVIALITY OF MAKEUP A number of our colleagues responded to the news that we were hosting a conference on makeup and employment discrimination with incredulity. What does one have to do with the other? Surely, issues of makeup and dress...
Gender Nonconformity and the Unfulfilled Promise of Price Waterhouse V. Hopkins
I. INTRODUCTION One of the most vexing problems in the application of Title VII of the 1964 Civil Rights Act concerns the extent to which this omnibus anti-discrimination statute should limit an employer's opportunity to place constraints on the...
Gender Performance over Job Performance: Body Art Work Rules and the Continuing Subordination of the Feminine
I. SOCIO-HISTORICAL OVERVIEW OF SOCIAL CONSTRUCTIONS OF BODY MODIFICATION II. SOCIAL CONSTRUCTIONS OF PROTECTED CLASSES AND BODY ART WORK RULES A. Rejecting Racial and Ethnic Performance in Body Art Work...
Grappling with "Solicitation": The Need for Statutory Reform in North Carolina after Lawrence V. Texas
I. INTRODUCTION In North Carolina, prior to the 2003 Supreme Court decision in Lawrence v. Texas, (1) virtually any form of physical intimacy other than vaginal sex between a man and a woman was punishable as the felony "crime against nature." (2)...
Lessons from Equal Opportunity Harasser Doctrine: Challenging Sex-Specific Appearance and Dress Codes
I. INTRODUCTION Employers seeking to enhance their corporate brand or to foster a professional business environment frequently mandate that employees adhere to personal appearance requirements while at work. These requirements often regulate everything...
Preservationism, or the Elephant in the Room: How Opponents of Same-Sex Marriage Deceive Us into Establishing Religion
"People place their hand on the Bible and swear to uphold the Constitution. They don't put their hand on the Constitution and swear to uphold the Bible." --Jamin Raskin, Professor of Law, American University, in testimony before the Maryland Senate...
Sexy Dressing Revisited: Does Target Dress Play a Part in Sexual Harassment Cases?
I. INTRODUCTION In the last year, a great deal of public discussion focused on why women are apparently dressing and behaving more provocatively. (1) However, issues surrounding women's dress are nothing new. Feminists have been debating what constitutes...
Some Modest Proposals for Challenging Established Dress Code Jurisprudence
Historically, most courts have sustained employer-imposed, gender-based dress codes. Two well-established exceptions to the rule exist for dress codes that either (1) objectify or sexualize women (1) or (2) allow for flexibility of standards for male...
Testing the Limits of Antidiscrimination Law: The Business, Legal, and Ethical Ramifications of Cultural Profiling at Work
I am not my hair I am not this skin I am not your expectations I am not my hair I am not this skin I am the soul that lies within --India Arie I. INTRODUCTION The lyrics from this popular Neo-Soul artist illustrate...
The Hair Dilemma: Conform to Mainstream Expectations or Emphasize Racial Identity
I. INTRODUCTION Social scientists have long chronicled the impact of an individual's appearance on numerous outcomes including others' judgments of the individual's competence, amicability, intelligence, and trustworthiness. (1) As these types of...
The Law and Economics of Identity
I. INTRODUCTION A growing number of legal scholars have written about the demands that society and particular employers have placed on non-traditional employees to perform their identities, (1) "or make themselves palatable" to their employers,...
The Many Faces of Darlene Jespersen
I. INTRODUCTION Darlene Jespersen worked as a bartender at the Harrah's Casino in the hardscrabble town of Reno, Nevada. Unlike its glitzier cousin Las Vegas, Reno is anything but glitzy, with a deteriorating downtown that is thirty years past its...
The Peahen's Tale, or Dressing Our Parts at Work
[W]hen the males and females of any animal have the same general habits of life, but differ in structure, colour, or ornament, such differences have been mainly caused by sexual selection....(1) Our settled law in this circuit, however, does not...
The Ugly Truth about Appearance Discrimination and the Beauty of Our Employment Discrimination Law
Bessie Braddock: "Sir, you are drunk." Sir Winston Churchill: "And you, madam, are ugly. But in the morning, I shall be sober." (1) President Abraham Lincoln, a master storyteller, considered himself physically unattractive, and he used his homeliness...
Vive la Difference? A Critical Analysis of the Justification of Sex-Dependent Workplace Restrictions on Dress and Grooming
I. INTRODUCTION Suppose there are several employees in a particular workplace who regularly engage in some behavior, x. The employer decides to terminate one of these employees, P, citing the fact of P's x-ing. Recognizing that the employer's rationale...
What Do Unions Do about Appearance Codes?
I. INTRODUCTION Most of the legal scholarship analyzing employers' discretion to impose appearance codes focuses on whether antidiscrimination law, particularly Title VII, limits that discretion. (1) Much less attention had been paid to the role...