Abstract

It is increasingly argued that gender is something we ‘do’ (or ‘undo’) rather than ‘are’. The doing of gender, or the accomplishment of gender, becomes credible when it conforms (in broad terms) to certain normative conceptions of gender. Resistance to, or subversions of these norms, or the failure to appear credible, deny the individual a gendered authenticity. Attempts to unshackle notions of gender — to ‘undo gender’ and to accept the outcome as authentic, open and fluid — have been matched with concerns that this theoretically empowering process may result in the loss of political power — the notion of woman (or man) in whose name we can act being lost as the binary is eliminated. These tensions are explored in the context of the UK Sex Discrimination Act 1975 (rev. 1986). This article demonstrates how the doing and undoing of gender in an employment tribunal accomplishes or negates the ‘authenticity’ of gender.

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