This chapter explores the focus on status, as opposed to conduct, in American antidiscrimination law. It argues that an expanding conception of gender as status is driving the current protection of gender nonconformists in contemporary sex discrimination jurisprudence. Moreover, the chapter contends that such protection, while important for individuals and groups, poses significant, and as yet largely unrecognized, dangers to women and men generally from increasingly entrenched, encompassing, and stereotypical gender categories.
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