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The Constitutionality Of Vicarious Discrimination Claims Under Title Vii, Daniel W. Morton-Bentley

Daniel W Morton-Bentley

Should the law allow a plaintiff to bring a lawsuit under Title VII of the Civil Right Act of 1964 for racial or gender discrimination that he or she observed? This issue – which I refer to as vicarious standing – is an unresolved question in federal courts. Title VII provides that a person who “has been discriminated against based on his or her race [or] gender” may bring a lawsuit. Although this language suggests that one must be a victim of personal discrimination, many courts have allowed white and/or male litigants to sue based on alleged discrimination that was …