Black Culture is "Professional": Causation After <i>Bostock</i> & Racial Stereotypes

Carter, Adriante

Journal: University of Florida Journal of Law & Public Policy

Volume: 33

Year: 2022

Bluebook Citation: 33 U. FLA. J. L. & PUB. POL'Y (2022)

Author: A. Craig Carter: all 3 publications


Abstract

Employment discrimination has progressed past the days of overt prejudices. In today’s society, employment discrimination manifests as stereotypes that perpetuate negative results. Those who suffer from stereotypic discrimination have long been denied redress for these wrongs. The U.S. Supreme Court’s decision in Bostock, this Note argues, is a way forward.

This Note argues that case law has developed, and should continue to develop, in a way that recognizes racial stereotyping as discriminatory. This Note explores the history of this case law and examines how the theory of causation from Bostock can be used to better the jurisprudence on racial stereotyping.

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