Sex Discrimination and the Affirmative Action Remedy: The Role of Sex Stereotypes

1997 ◽  
pp. 5-17 ◽  
Author(s):  
Madeline E. Heilman
Author(s):  
Erin E. Buzuvis

This chapter highlights the role of Title IX of the Education Amendments Act of 1972 and the U.S. Constitution’s Equal Protection Clause of the Fourteenth Amendment in transforming the gendered landscape of U.S. education. After first providing an overview of these two sources of law, the chapter examines the role they have played in challenging sex-based designations in admissions and in the classroom, in promoting equal opportunity and access to school-sponsored athletics, in challenging sexual harassment and other sexual misconduct, in reducing barriers to LGBT students, and in promoting equal opportunity for students who are pregnant. Sections addressing each one of these topics will also note limitations and shortcomings of the law’s approach to these issues, as there is still more work to do to fully realize sex equality in education. While the law has not cured all the problems of sex discrimination education, owing to limitations in its scope, as well as enforceability, it has proven to be a powerful source of societal norms and expectations, which themselves operate to motivate compliance and beyond.


If April DeBoer were a man, or James Obergefell a woman, or Valeria Tanco a man, or Greg Bourke a woman, then state law would readily give them the relief they seek. But because the state laws challenged in these cases provide that only a man can marry a woman and only a woman can marry a man—or that existing marriages will be denied recognition if they do not fit this description—April and James and Valeria and Greg are being discriminated against on the basis of their gender. Such sex-based classifications constitute sex discrimination. Accordingly, they must be subjected to intermediate scrutiny. The justifications the state offers not only fail to satisfy such scrutiny. They are themselves based on the precise invidious sex stereotypes that intermediate scrutiny seeks to uncover....


1992 ◽  
Vol 18 (12) ◽  
pp. 2363-2372 ◽  
Author(s):  
David W. Dunham ◽  
Jin W. Oh
Keyword(s):  

2012 ◽  
Vol 152 (5) ◽  
pp. 568-585 ◽  
Author(s):  
Becky Choma ◽  
Carolyn Hafer ◽  
Faye Crosby ◽  
Mindi Foster

2020 ◽  
Vol 54 (6) ◽  
pp. 1632-1653
Author(s):  
Damasio Duval Rodrigues Neto ◽  
Márcio Barcelos

Abstract This study applies the “Narrative Policy Framework” (NPF) to the affirmative action policy process of the Federal University of Pelotas (UFPEL) and proposes theoretical intersection between the NPF and agenda setting literature, seeking to find out the role of policy narratives in policy processes. NPF is an empiric-oriented framework that posits that the policy-makers’ stories have generalizable components and are built and crafted in accordance to their ideas. These are policy narratives, and are at the center of the policy process. By analyzing formulation stages of public policy and referring to ideas and narratives, the NPF refers to the agenda setting literature and provides means for empirical research of agenda setting concepts. The study undertook analysis of regulatory outputs and semi-structured interviews. Findings indicate that policy narratives have affected institutional regulatory outputs regarding UFPel’s affirmative action policies.


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