The Far Reach of Title VII's Bar Against Gender Stereotyping!

November 15, 2016

Title VII of the Civil Rights Act of 1964 (“Title VII”) expressly prohibits discrimination in employment “because of sex.”  In 1989, the U.S. Supreme Court in Price Waterhouse v. Hopkins held that Title VII bars not just discrimination because of biological sex, but also gender stereotyping – failing to act and appear according to expectations defined by gender. The Court specifically opined: “In the specific context of sex stereotyping, an employer who acts on the basis of a belief that a woman cannot be aggressive, or that she must not be, has acted on the basis of gender.”

 

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