Freedom, Sex Roles, and Anti-Discrimination Law

Abstract

In this paper I consider the role of freedom in the justification of prohibitions on discrimination. As a case study, I focus mainly on U.S. constitutional and employment law and, in particular, restrictions on sex-stereotyping. I present a new argument that freedom can play at least some important role in justifying these restrictions. Not just any freedom, I claim: the Millian freedom to challenge existing stereotypes and contribute to social change. This ‘social change account’, I argue, can be a useful supplement to the existing theories where their explanations run out. It also draws support from familiar liberal justifications for speech and other liberties, and provides an attractive role for the courts.