Oli London in the Workplace: Transracial Identity and Employment Discrimination in the Post-Bostock Era
Document Type
Article
Publication Title
ABA Journal of Labor and Employment Law
Abstract
TAs the concept of identity becomes more fluid, the debate as to whether race is comparable to sex and gender continues to exist. The emergence of racial reverse passing as a potential consequence of the Bostock decision necessitates careful consideration of its impact on employment discrimination law. While the practice presents challenges to identifying discrimination and defining protected classes, a bigger question arises as to whether the law should be adapted by adopting more robust scrutiny and acknowledging the complexities of multiple intersecting identities. Some discrimination laws involving racial identity provide more significant advantages than sex discrimination, such as individual liability, damages awarded, and little administrative intervention. This article raises the issue with whether transracial identity should be recognized as a form of race discrimination under Title VII and other employment discrimination laws.
First Page
195
Last Page
230
Publication Date
2024
Recommended Citation
Blankenship, Mark Edward Jr., "Oli London in the Workplace: Transracial Identity and Employment Discrimination in the Post-Bostock Era" (2024). Faculty Articles. 332.
https://scholarship.stu.edu/faculty_articles/332