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Student Work
Race, Racism and the Law
Spring, 2012

Racial inequality in the workplace is an ever evolving problem in our legal system. Most racial inequality occurs in primary markets or high level jobs. Affirmative action plans and race-conscious employment practices have been set in place by private employers and the government in an attempt to, at least facially, get rid of the discriminatory practices previously put in place by various employers. These affirmative action plans and race-conscious employment practices are not in place to give minority races advantages, but to right the wrongs of past discrimination in employment practices. African Americans are often thought of as the poster child for affirmative action plans because they are the most numerous minority in the country and, therefore, feel the effects of affirmative action plans and other race-conscious employment practices the most. In a sense, affirmative action and race-conscious employment practices would ideally serve to lower the unemployment rate amongst African Americans. Promoting and executing affirmative action plans and substantial race-conscious employment practices is the best plan to secure equality in the job market, especially in the primary labor market, and especially for African-Americans.


Statutes and Regulations

  • 42 U.S.C.A. ' 2000e 2.
  • 42 U.S.C.A. ' 1983. 
  • 28 C.F.R. ' 42.104. Civil Rights Act of 1964.


  • Alexander v. Sandoval. 532 U.S. 275 (2001) 
  • Fullilove v. Klutznick. 448 U.S. 448, 100 S.Ct. 2758 (1980)
  • McDonnell Douglas Corp. v. Green. 411 U.S. 792 (1973) 
  • Metro Broadcasting, Inc. v. Federal Communications Commission, et al. 497 U.S. 547, 110 S.Ct. 2997 (1990). 
  • Richmond v. J.A. Croson Company. 488 U.S. 469, 109 S.Ct. 706 (1989) 


Law Review Articles


  • Alligood, Brian H. Proof of Racial Discrimination in Employment Promotion Decisions Under Title VII of the Civil Rights Act of 1964. 48 AMJUR POF 3d 75. 2011.
  • Cordry, Karen. Norton Annual Survey of Bankruptcy Law 18. Volume 2003, Issue 2003. 2003.
  • Employer's enforcement of dress or grooming policy as unlawful employment practice under ' 703(a) of Civil Rights Act of 1964 (42 U.S.C.A. ' 2000e 2(a)). 27 A.L.R. Fed. 274. 1976 (original publishing).
  • Hawkins, Stacy L. A Deliberative Defense of Diversity: Moving Beyond the Affirmative Action Debate to Embrace a 21st Century View of Equality. 2 CLMJRL 75. 2012

Non legal professional article