Friday, July 20, 2007

We Are More Than Our Sex - Intersectional Discrimination

Intersectionality and Identity: Revisiting a Wrinkle in Title VII, a recent article by Texas attorney Bradley A. Areheart, highlights an important issue in discrimination law - discrimination against workers based on more than one protected characteristic. The article is a must read for anyone interested in a deeper understanding of workplace bias. Practical experience tells us that women of color endure different stereotypes than white men, for example. Women over 40 suffer different prejudices than men over 40, or young(er) women. But in many instances the law has not reflected the practical experience shared by so many. Some judges have thrown out claims of intersectional discrimination, claiming that Title VII only protects the five listed categories, race, color, national origin, sex, and religion - but not combinations of the categories. Areheart reviews the development of the law in this area, beginning with early decisions throwing out intersectional claims and tracing the evolution to the more enlightened rulings recognizing that we are more than one characteristic and protecting workers against the effects of intersectional discrimination. Read Mr. Areheart's article at: