Copyright (c) 2006 San Diego Law Review Association
San Diego Law Review
EDITOR'S SYMPOSIUM: Reflections on Equality, Adjudication, and the Regulation of Sexuality at Work: A Response to Kim Yuracko
43 San Diego L. Rev. 899
ORLY LOBEL *
Kim Yuracko's paper, Sameness, Subordination, and Perfectionism: Toward a More Complete Theory of Employment Discrimination Law, offers an exploration of judicial reasoning in gender discrimination cases. 1 The paper claims that distinctions developed under Title VII jurisprudence cannot be explained solely through a liberal paradigm. Rather, analyzing the motivation of judges in reaching their decisions, primarily in those cases involving the bona fide occupational qualification (BFOQ) exception and sex stereotyping, Yuracko detects a value driven, rather than value neutral, adjudicative assessment of the employment in question. She finds that a "more controversial and covert set of values" operates in the background, rendering some claims of discrimination successful while rejecting others. 2 Yuracko consequently argues that there is no way to understand the distinctions that have developed within BFOQ and sex stereotyping cases through liberal models of equality. 3 Instead, Yuracko finds that existing case law categories are more accurately understood as shaped by perfectionist ideals, which inform judges on good life pursuits and values, such as autonomy, and other less worthy pursuits, such as the commodification of sex and sexual expression. 4
Yuracko offers an interesting perspective in analyzing Title VII jurisprudence. The paper uncovers tensions in the case law and offers excellent insights into the types of judgments that occur in a broad range of antidiscrimination cases. Building on her previous work, Yuracko continues to influence the field of antidiscrimination law and gender equity theories. 5 Her article helps explain the underlying normative theories that ...
If you are interested in obtaining a lexis.com® ID and Password, please contact us at 1-(800)-227-4908 or visit us at http://www.lexisnexis.com/.