Case Problem:
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?