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Law and Race Commons

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Articles 1 - 3 of 3

Full-Text Articles in Law and Race

Politically Correct Eugenics, Seema Mohapatra Jan 2016

Politically Correct Eugenics, Seema Mohapatra

Faculty Scholarship

No abstract provided.


Following Fisher: Narrowly Tailoring Affirmative Action, Eang L. Ngov Jan 2014

Following Fisher: Narrowly Tailoring Affirmative Action, Eang L. Ngov

Faculty Scholarship

No abstract provided.


Respecting Language As Part Of Ethnicity: Title Vii And Language Discrimination At Work, Carlo A. Pedrioli Jan 2011

Respecting Language As Part Of Ethnicity: Title Vii And Language Discrimination At Work, Carlo A. Pedrioli

Faculty Scholarship

This article argues that, in the absence of a legitimate, non-discriminatory reason or a business necessity, Title VII of the 1964 Civil Rights Act can protect employees from language-based discrimination in the workplace. Language is a part of one’s ethnicity, which refers to one’s culture. Ethnicity, much as race already does, should receive protection under Title VII. Plaintiffs, however, have the burden of proof in litigation, and so a plaintiff who sues under a discrimination theory should have to make his or her case to the appropriate fact-finder. Drawing upon the insights of critical theory, particularly to explore ...