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Abstract

Using cases and legal precedent on transgender employment discrimination in the US-American context, this article investigates the epistemological consequences of creating a gendered legal subject. It interrogates the ways that courts enact certain kinds of knowledge claims that deny the experiences of transgender litigants as transgender. It argues how judicial reasoning tends to create conditions of transgender legibility that reproduces pre-conceived notions of normative, cisgender sex/gender experiences and knowledges, contributing to hermeneutical injustice.

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