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Private requirements to perform one's identity in a particular manner, even when imposed by employers, are not frequently recognized by either law or society as a form of actionable or even particularly worrisome subordination. (1) For example, neither the law nor most members of society usually choose to sanction employers when they prohibit employees from wearing their hair in cornrows, require them to wear suits, prefer job applicants who can speak comfortably about sports, wine, or any other topic, or fire employees who use profane words. Recently however, there has been an explosion of legal scholarship arguing that we should view at least some of these demands and requirements as a form of negative class subordination, with authors arguing for varying levels of legal and social sanctions on the demands. (2)
For example, in Covering, Kenji Yoshino describes varying forms and effects of pressures to \"cover[],\" (3) or assimilate, as well as pressures to \"reverse cover,\" (4) or perform one's identity in stereotypical fashion. He argues that these demands are a form of class subordination, leaving aside the question of how many, if any, of these demands should be legally actionable as discrimination. (5) One could describe his work as treating the saliency of conformist demands along a suspect axis, like race or gender, at times as occasion to interrogate the demand, and sometimes as occasion to socially condemn it, but rarely as occasion to legally prohibit it. Devon Carbado and Mitu Gulati describe the actions minority employees must take to fulfill these demands as \"identity work,\" in order to argue that when minority employees must engage in more identity work than other employees they are being discriminated against. (6) 59ce067264
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