Article: 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 ways in which its employees present themselves to the public. Specifically, does the statutory ban on sex-based discrimination have any application to employment policies or individual employment decisions that penalize individuals for the way they present themselves in terms of attire and behavior or for other aspects of their sexual identity, including their choice of sexual partners?

The Supreme Court has ...

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