Supreme Court Narratives on Equality and Gender Discrimination in Employment: 1971-2002

Authors

Vicki Lens, Columbia University School of Social Work

Abstract

The article examines the Supreme Court's evolving approach to gender discrimination in the workplace, particularly during the 1970s and 1980s, as it grappled with the intersection of formal and substantive equality. The Court's decisions reflected the influence of the feminist movement and broader societal shifts, addressing issues such as pregnancy-related discrimination, sexual harassment, and workplace stereotypes. While the Court often invalidated discriminatory practices, its rulings also revealed tensions in balancing equal treatment with competing interests, such as military preparedness or employer liability. The analysis highlights how the Court's narrative on gender equality was shaped by legal doctrines, cultural values, and the interplay of formal and substantive equality frameworks.

Disciplines

Civil Rights and Discrimination | Judges | Labor and Employment Law | Law | Law and Gender | Legal History

Recommended Citation

Vicki Lens, Supreme Court Narratives on Equality and Gender Discrimination in Employment: 1971-2002, 10 Cardozo J. Equal Rts. & Soc. Just. 501 (2004).
Available at: https://larc.cardozo.yu.edu/cardozoersj/vol10/iss3/2