Hastings Journal on Gender and the Law


Serafina Raskin


Employers across the nation are imposing sex "appropriate" dress codes in the workplace and courts across the country are deferring to employers' preferences under the guise of managerial discretion. In focusing on a feminist critique of the developing case law surrounding workplace appearance rules, this Note highlights how the existing conceptions of American sex-discrimination law fail to meet the changing forms of sexual discrimination in the workplace. The Note also addresses the way in which localities have attempted to legislate in the area of appearance and dress and asks whether such legislation will be able to force employers to change basic cultural expectations about gender.