Price Waterhouse v. Hopkins, 490 U.S. 228 (1989)

As the first U.S. Supreme Court decision to explore sex stereotyping in depth, Price Waterhouse v. Hopkins was a landmark decision, with unforeseen and often progressive results in cases involving LGBQT rights and sexual harassment. However, on balance, its effect on women plaintiffs in glass ceiling cases has been disappointing to feminists because the opinion failed to define “stereotyping” in a way that gave legal meaning to the concept of implicit bias. The Court did not connect the dots between stereotyping, subconscious behavior, and disparate gender impact in corporate culture. It is no surprise, therefore, that even in 2015, a new generation of women faces a corporate culture startlingly similar to the one Ann Hopkins faced over twenty-five years ago.

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