Modern legal theorists are now discussing the wisdom of including sex or
gender as one of the protected, or even suspect, classes. Their
argument is essentially this: why do we define as a protected class
persons who constitute approximately 50% of the population? Whether male
or female, to include either is simply to say 50% of the population is
within the protected class and the remaining 50% is not. Has American
society evolved to the point that we should no longer consider someone's
gender a potential handicap in the job market?
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