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Multiracials and Civil RightsMixed-Race Stories of Discrimination$
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Tanya Katerí Hernández

Print publication date: 2018

Print ISBN-13: 9781479830329

Published to NYU Press Scholarship Online: January 2019

DOI: 10.18574/nyu/9781479830329.001.0001

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Multiracial Employment Discrimination

Multiracial Employment Discrimination

(p.16) 2 Multiracial Employment Discrimination
Multiracials and Civil Rights

Tanya Katerí Hernández

NYU Press

This chapter will closely examine the context of employment discrimination as it is the arena in which the greatest number of multiracial discrimination claims are filed (as compared to other areas of discrimination law examined in later chapters). It will open with the story of Jill Mitchell, a light-skinned black and white biracial woman who experienced a dramatic change in workplace treatment after her supervisor discovered that his presumption that she was a mixed Hispanic white woman was erroneous. The chapter will delineate how Jill Mitchell’s story and the vast majority of cases filed entail allegations of non-white and specifically anti-black bias rather than prejudice rooted in hostility towards racial mixture itself. Moreover, the existing cases display judicial clarity in the administration of multiracial claimant allegations. The courts treat the claims as viable and apply anti-discrimination law in a conventional manner that permits claims to succeed unless the available evidence fails to meet legal standards. Additional onerous evidentiary burdens are not placed upon multiracial complainants. The chapter thus concludes that the cases do not justify the multiracial-identity scholar conjecture that multiracial claims are inadequately addressed.

Keywords:   Employment discrimination, Multiracials, Mixed-race, Biracial, Discrimination, Racism, Law, Equality, Racial identity, race

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