Since this symposium and this case are about appearances, it is worth noting that Lambda Legal posted pictures of Darlene Jespersen in her uniform on its website, and those pictures could be seen as presenting a stereotypical image of a middle-aged gay woman.5 There are obviously many reasons the pictures may have been presented-to humanize her, to show the effect of the makeup policy since the pictures appeared to be taken in the context of the personal best policy-but they also convey an image, and were likely intended to do so. An objection to this line of reasoning is likely to emphasize that the only reason many individuals conceal their sexual orientation is because of discriminatory social attitudes towards gay men and lesbians.
The Many Faces of Darlene Jespersen,
14 Duke Journal of Gender Law & Policy
Available at: http://scholarship.law.duke.edu/djglp/vol14/iss1/15