It’s definitely not fine.
. Although the case centers on transgender rights, Trump’s lawyers took a position that would diminish the rights of cisgender women and girls, too — by allowing employers to force all employees to dress and behave in accordance with archaic gender norms, and punish them if they do not.
If this sounds like the stuff of a Margaret Atwood novel, rather than a realistic scenario in 2019, unfortunately it’s all too real. The brief should set off alarm bells for everyone who cares about gender equality.For decades, courts have recognized that employers cannot force employees to comport with stereotypes about how men or women should look or behave.
Ignoring this longstanding precedent, the Trump administration argued in its brief that employers can insist that men and women dress in a manner that aligns with stereotypical understandings of gender. Title VII, Trump’s lawyers claim, permits employers to force women to conform to sex stereotypes so long as they also force men to conform to parallel sex stereotypes. Under this logic, an employer is off the hook for forcing women to wear skirts so long as it prohibits men from doing so.
Unfortunately, some employers and schools are eager to embrace precisely these sorts of sex-specific rules that are steeped in retrograde stereotypes. My colleagues in the ACLU Women’s Rights Project and Iwho attend a North Carolina public charter school that required girls to wear skirts. The school allowed boys to wear pants, but argued that allowing girls to do so would undermine its goal of promoting “chivalry” and “mutual respect between boys and girls.
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