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Gender Nonconformity and the Law$
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Kimberly A Yuracko

Print publication date: 2016

Print ISBN-13: 9780300125856

Published to Yale Scholarship Online: May 2016

DOI: 10.12987/yale/9780300125856.001.0001

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Chapter Six Expressive Freedom: A Short Discussion of a Value That Is Not There

Chapter Six Expressive Freedom: A Short Discussion of a Value That Is Not There

Chapter:
Chapter Six Expressive Freedom: A Short Discussion of a Value That Is Not There
Source:
Gender Nonconformity and the Law
Author(s):

Kimberly A. Yuracko

Publisher:
Yale University Press
DOI:10.12987/yale/9780300125856.003.0007

This chapter explores the extent to which courts’ expanding protection for gender nonconformists in the workplace reflects, as judicial rhetoric often suggests, a judicial commitment to freedom of gender expression more generally. The chapter concludes that courts are not, in fact, committed to protecting freedom of gender expression in the workplace and, indeed, that such unfettered freedom is both theoretically incoherent as a form of sex discrimination protection and practically unworkable.

Keywords:   Expression, Freedom, Sex, Gender, Antidiscrimination, Title VII

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