Disaggregating Gender from Sex and Sexual Orientation: The Effeminate Man in the Law and Feminist Jurisprudence

Abstract

Hopkins 2 Male Feminine Feminine (e.g., Act more Disparate treatment: nursery school masculinely 2 result governed by teacher) or none Hopkins: impermissible sex stereotyping 3 Female Feminine Masculine (e.g., Act more Disparate impact: commission masculinely2 once employee shows salesperson) or that requiring masculine none or disfavoring feminine qualities has disparate impact on females, who are disproportionately feminine and not masculine, employer must then show that requiring masculine or disfavoring feminine characteristics is jobrelated and consistent with business necessity 4 Male Feminine Masculine Act more Ius tertii claim, raising masculinely2 argument made by feminine woman in row 3 above 5 Male Masculine Feminine (e.g., Act more Disparate impact: Jenny Craig femininely' analysis is mirror image counselor) of row 3 above Female Masculine Feminine Act more Analysis is mirror E _ II___femininely' image of row 4 aboveNotes: "'Act more femininely" is here a shorthand for, e.g., the advice given Ann Hopkins to "walk more femininely, talk more femininely, dress more femininely, wear make-up, have [your] hair styled .... wear jewelry" and go to "charm school."490 U.S. at 235 (1989).2 0r act less femininely.Both phrases are shorthand for the reverse of the advice given Hopkins, e.g., take off your makeup and jewelry, cut your hair short and go to assertiveness training class.

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