Michigan Journal of Gender & Law Volume 17 Issue 1 2010 Situations, Frames, and Stereotypes: Cognitive Barriers on the Road to Nondiscrimination Marybeth Herald Thomas Jefferson School of Law Follow this and additional works at: https://repository.law.umich.edu/mjgl Part of the Civil Rights and Discrimination Commons, Law and Gender Commons, Law and Psychology Commons, and the Sexuality and the Law Commons Recommended Citation Marybeth Herald, Situations, Frames, and Stereotypes: Cognitive Barriers on the Road to Nondiscrimination, 17 MICH. J. GENDER & L. 39 (2010). Available at: https://repository.law.umich.edu/mjgl/vol17/iss1/3 This Symposium Article is brought to you for free and open access by the Journals at University of Michigan Law School Scholarship Repository. It has been accepted for inclusion in Michigan Journal of Gender & Law by an authorized editor of University of Michigan Law School Scholarship Repository. For more information, please contact
[email protected]. SITUATIONS, FRAMES, AND STEREOTYPES: COGNITIVE BARRIERS ON THE ROAD TO NONDISCRIMINATION cJ~'arybeth IYerald* INTRODUCTION -39 1. SITUATIONAL PRESSURES AND THE STRUGGLE IN THE WORKPLACE -41 A. SituationalPressures -41 B. The Workplace Struggle . 42 11. FRAMING AND STEREOTYPES -45 A. Why Framing is Important . 45 B. The Intersex Movement and the Problem of Frames -46 C Employment Discrimination,Transsexuals, and the Nonconformist Frame -52 CONCLUSION -55 INTRODUCTION A study of the psychological literature can enhance legal theory by focusing attention on how the human brain perceives, distinguishes, cate- gorizes, and ultimately makes decisions.' The more that we learn about the brain's intricate operations, the more effective we can be at combating the types of gender biased decisions that influence our lives.2 In develop- ing strategies to achieve equality, feminist, gay, lesbian, bisexual, transgender, and intersex activists would be wise to learn from the psycho- logical literature.