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Beyond Equality
(Indiana Law Journal, 2011)
Sexual harassment law and family leave policy originated as feminist reform projects designed to protect women in the workplace. But many academics now ask whether harassment and leave policies have outgrown their gendered ...
Protected Class Gatekeeping
(New York University Law Review, 2017)
Courts routinely begin their analyses of discrimination claims with the question of whether the plaintiff has proven he or she is a “member of the protected class.” Although this refrain may sometimes be an empty formality, ...