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- Title
RACIAL IDENTITY PERFORMANCE AND EMPLOYMENT DISCRIMINATION LAW.
- Authors
Leung, Katherine E.
- Abstract
Although Title VII of the Civil Rights Act protects employees against discrimination on the basis of race, color, sex, national origin and religion using identical statutory language, those protections have varied dramatically as a result of courts' statutory interpretations. Early interpretations of Title VII treated extensions of protection for one protected class as applicable to analogous discrimination against other protected classes under Title VII. However, in recent years, courts have begun to interpret Title VII protections differently across protected classes, limiting protection for race discrimination when compared with religious discrimination and sex discrimination. I argue that as a result of these divisions, where our legal system protects employees against religious identity performance discrimination and gender identity performance discrimination, similar protection is not available for racial identity performance. While gender identity performance protections have steadily expanded since the Supreme Court's decision in Price Waterhouse, and Abercrombie ratified ironclad protection for religious identity performance, there has been no similar protection for racial identity performance, and even in cases where subjective standards or appearance policies have a demonstrable disparate impact on employees of color, courts have refused to acknowledge the discriminatory nature of those policies and provide relief for employees of color who face discrimination under these policies.
- Subjects
LABOR laws; ANTI-discrimination laws; FREEDOM of employment; SEX discrimination; RACE discrimination
- Publication
Virginia Journal of Social Policy & the Law, 2017, Vol 24, Issue 1, p56
- ISSN
1068-7955
- Publication type
Article