THE FUTURE OF EMPLOYMENT

DISCRIMINATION AND DIVERSE

WORKPLACES: LESSONS FROM TITLE VII

JURISPRUDENCE AND SFFA

Abstract

The Supreme Court has conceptualized equality in different ways. This is especially prominent in the employment discrimination context. This Note explores Title VII jurisprudence and argues that the most pragmatic approach for diverse workplaces accepts a historical view, but ultimately focuses on a forward-looking view of equality. However, Title VII jurisprudence and the Court’s recent SFFA decision severely limit this forward-looking approach. This Note is divided into three parts. Part I provides a basic overview of Title VII jurisprudence and theories of discrimination. Part II explores the history of affirmative action cases and discusses SFFA’s implications. Part III advocates for a view that centers the forward-looking view of equality. This part emphasizes the importance of diverse workplaces and ultimately argues that the Court’s endorsement of the color-blind view drastically limits employers’ ability to implement meaningful equality in the workplace.

Keywords

employment discrimination, diverse workplaces, title VII, SFFA, Hannah Vu, employment equality, affirmative action

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Hannah L. Vu

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