Mixed Race Studies

Gender, Race, and Ethnicity in the Workplace: Emerging Issues and Enduring Challenges

Praeger
March 2016
415 pages
6.125 x 9.25
Hardcover ISBN: 9978-1-4408-3369-4
eBook ISBN: 978-1-4408-3370-0

Edited by:

Margaret Foegen Karsten, Professor of Human Resource Management; Internship Coordinator
School of Business
University of Wisconsin, Platteville

For America to prosper, organizations need to address disparate treatment of women and people of color in the workplace.

Insights from professionals in the fields of organizational development and diversity provide practical tools to help employees and managers—regardless of race or gender—collaborate in reaching their workplace potential.

The contributions of more than 30 experts reframe the discussion on gender, race, and ethnicity in the U.S. workforce, examining the complex identity concerns facing workers who fall within minority groups and recommending practical solutions for dealing with workplace inequities. Through focused essays, experts explore new perspectives to persistent challenges and discuss progress made in addressing unequal treatment based on race and gender in the past eight years. This detailed reference explores every aspect of the issue, including mentoring, family leaves, pay inequity, multiracial and transgender identities, community involvement, and illegal harassment.

The first part of the book identifies employment discrimination based on multiracial identity, appearance, and transgender status. The second section unveils the psychology behind harassment on the job; the third section provides strategies for overcoming traditional obstacles for the disenfranchised. The final section discusses updates on laws dealing with the Family and Medical Leave Act. The book closes with success stories of women of color in U.S. leadership roles as well as others achieving success in their professions outside of the country. Accompanying tables, charts, and graphs illustrate the field’s most poignant research, such as the relationship between organizational effectiveness and diversity and the characteristics of those taking family and medical leave.

Features

• Presents new research on the many forms of employment discrimination based on multiracial identity, appearance, and transgender status
• Includes contributions from professionals in the fields of social psychology, law, gender studies, and ethics, among others
• Reveals effective ways for promoting inclusion of women and people of color in today’s global workforce
• Covers the workforce in the public sector, private sector, and military
• Considers the role of social media in helping break through workplace barriers

That moment you look in the mirror and realize you’re black

Fusion
2016-02-28

Tim Rogers, Senior Editor

Brazil’s Black Awakening

SAO PAULO, Brazil— Jessica Moreira was 21 years old when she realized she’s black. Natalia Paiva had turned 20 before she made the discovery. And Cleyton Vilarino dos Santos is sneaking up on his 26th birthday and says he’s still not sure if he’s black, white or what.

Welcome to Brazil, one of the most racially intermixed countries in the world. Racial identity is a complex issue anywhere, but perhaps nowhere more so than here, where the difference between black and white is not so black-and-white.

Generations of interracial marriages have led to a rich tapestry of phenotypes and skin tones in every conceivable hue. But it can make racial identity an evolving or fluid situation that can change as a person gets older, learns more about the world, and their relationship to it.

As a result, it’s not uncommon for young people to spend the first 20 years of their lives looking in the mirror without fully understanding the race of the person staring back at them…

Read the entire article here.

Nella Larsen Reconsidered: The Trouble with Desire in Quicksand and Passing

MELUS: Multi-Ethnic Literature of the United States
Volume 41, Number 1, Negotiating Trauma and Affect (Spring 2016)
Published 2016-01-25
pages 165-192
DOI: 10.1093/melus/mlv083

Rafael Walker, Assistant Professor of English
Baruch College, City University of New York

Winner of MLA’s 2016 Crompton-Noll Award for Best Essay in LGBTQ Studies.

This paper challenges the pervasive tendency to treat Larsen’s work as explorations of black women’s lives and examines the distinctly biracial perspective that her fiction attempts to elaborate. I argue that her novels employ narratives of frustrated desire in order to show the impossibility of the racially liminal subject in a society that thinks in black and white. In developing this argument, the essay explains the aesthetic and theoretical implications that ensue from taking this biracial perspective seriously. For instance, it shows how each novel mobilizes a distinct ontology of biracial identity—biraciality as synthesis in one case (Quicksand [1928]) and biraciality as oscillation in the other (Passing [1929]). In its discussion of the aesthetics of Larsen’s fiction, the essay demonstrates how this shift in racial perspective enables us to reassess her endings, which vexed critics in her day and continue to vex readers in ours (including the scholar arguably most responsible for Larsen’s current prominence, Deborah E. McDowell). Aware that aversion to the essentialist “tragic mulatta” trope has been one of the primary impediments to concentrating on biraciality in Larsen’s work, I offer ways of understanding Larsen’s focus on biraciality as more—rather than less—subversive of American racial ideology than previous studies suggest.

The fictions of Nella Larsen have long been understood as daring explorations of black women’s sexuality and subjectivity. Deborah E. McDowell is one of the earliest and most influential exponents of this idea, suggesting that Larsen portrays “black female sexuality in a literary era that often sensationalized it and pandered to the stereotype of the primitive exotic” (xvi). According to Hazel V. Carby, Helga Crane in Quicksand (1928) is “the first explicitly sexual black heroine in black women’s fiction” (“It” 471). Similarly, Cheryl A. Wall claims: “Both Quicksand and Passing contemplate the inextricability of the racism and sexism that confront the black woman in her quest for selfhood” (89). The association between Larsen’s work and black women’s subjectivity was so entrenched by the time that Judith Butler wrote on Passing (1929) that she hesitates before applying psychoanalysis to the novel: “There are clearly risks in trying to think in psychoanalytic terms about Larsen’s story, which, after all, published in 1929, belongs to the tradition of the Harlem Renaissance, and ought properly to be read in the context of that cultural and social world” (173). (It becomes clear from Butler’s subsequent remarks that the “context” she has in mind is primarily racial, particularly in her claim that “both stories revolve on the impossibility of sexual freedom for black women” [178].) More recent studies have maintained this view of Larsen’s fiction, bearing such titles as “Queering Helga Crane: Black Nativism in Nella Larsen’s Quicksand” (2011) and “The New Negro Flâneuse in Nella Larsen’s Quicksand” (2008).¹

I mention but a few of the many examples of the critical tendency to take for granted that Larsen was chiefly concerned with black women, but they suffice to reveal what strikes me as an “elephant in the room” in Larsen studies: that all of her heroines are racially ambiguous, if not explicitly biracial. In numerous ways, Larsen takes pains to show that something about her major women characters significantly sets them apart from the less ambiguously black women around them, whether it be that they can pass for white or that they have a white parent.² If Larsen had intended to explore the experiences, psychology, or sexuality of black women specifically, it seems odd that she should have chosen to do so, in both novels she wrote, through such ambiguously raced women. Why did she not concentrate instead on a woman like Felise Freeland, a spirited…

Read or purchase the article here.

Staceyann Chin Worries About Money, and Selling Out

The New York Times
2016-01-14

Laura Collins-Hughes

The day she traded in her little two-door convertible for a crossover S.U.V. — “a mom car,” she calls it — the performance poet Staceyann Chin went home and cried. It wasn’t enough that pregnancy had forever altered her body. Now, as she saw it, motherhood was taking away her sex appeal, too.

“But those are the ways it changes your life,” said Ms. Chin, 43, who has a curly, deep-red mohawk, a Jamaican lilt to her speech and, at her throat, a pair of silver necklaces, one of which is emblazoned with a single word: BadAss.

“And then you meet a whole bunch of other people who think moms are sexy,” she added cheerfully over dinner on Lafayette Street before a performance of her latest solo show, “MotherStruck!,” at the Culture Project. “Very strange, but true. They’re everywhere.”

The play tells the story of Ms. Chin’s determined quest to have a child in the face of considerable obstacles, such as being a cash-strapped, single, lesbian artist-activist with paltry health insurance. (In vitro fertilization? Definitely not included.) When at last she does get pregnant, it’s a victory, but a fragile one. At 14 weeks, she begins to bleed. And bleed…

Read the entire article here.

Counseling the Culturally Diverse: Theory and Practice, 7th Edition

Wiley
December 2015
832 pages
7.2 x 1.7 x 9.6 inches
Hardcover ISBN-13: 978-1119084303

Derald Wing Sue, Professor of Psychology and Education
Department of Counseling and Clinical Psychology
Teachers College, Columbia University, New York, New York

David Sue, Professor Emeritus of Psychology
Western Washington University, Bellingham, Washington

The standard bearing guide for multicultural counseling courses now enhanced with research-based, topical, and pedagogical refinements

Counseling the Culturally Diverse: Theory and Practice, 7th Edition is the new update to the seminal work on multicultural counseling. From author Derald Wing Sue – one of the most cited multicultural scholars in the United States – this comprehensive work includes current research, cultural and scientific theoretical formations, and expanded exploration of internalized racism. Replete with real-world examples, this book explains why conversations revolving around racial issues remain so difficult, and provides specific techniques and advice for leading forthright and productive discussions. The new edition focuses on essential instructor and student needs to facilitate a greater course-centric focus.

In response to user feedback and newly available research, the seventh edition reflects:

• Renewed commitment to comprehensiveness. As compared to other texts in the field, CCD explores and covers nearly all major multicultural counseling topics in the profession. Indeed, reviewers believed it the most comprehensive of the texts published, and leads in coverage of microaggressions in counseling, interracial/interethnic counseling, social justice approaches to counseling, implications of indigenous healing, the sociopolitical nature of counseling, racial identity development, and cultural use of evidence-based practice.
• Streamlined Presentation to allow students more time to review and analyze rather than read more detailed text
• New advances and important changes, such as expanded coverage of internalized racism, cultural humility, expansion of microaggression coverage to other marginalized groups, social justice/advocacy skills, recent research and thinking on evidence-based practice, and new approaches to work with specific populations.
• Most current work in multicultural mental health practice including careful consideration of the multicultural guidelines proposed by the American Psychological Association and the draft guidelines for Multicultural and Social Justice Counseling Competencies (MSJCC) (2015) from the American Counseling Association’s Revision Committee.
• Expanded attention to the emotive nature of the content so that the strong emotive reaction of students to the material does not prevent self-exploration (a necessary component of cultural competence in the helping professions).
• Strengthened Pedagogy in each chapter with material to facilitate experiential activities and discussion and to help students digest the material including broad Chapter Objectives and more specific and oftentimes controversial Reflection and Discussion Questions. Every chapter opens with a clinical vignette, longer narrative, or situational example that previews the major concepts and issues discussed in the chapter. The Chapter Focus Questions serve as prompts to address the opening ‘course objectives,’ but these questions not only preview the content to be covered, but are cast in such a way as to allow instructors and trainers to use them as discussion questions throughout the course or workshop. We have retained the ‘Implications for Clinical Practice’ sections and added a new Summary after every chapter. Instructor’s Handbook has been strengthen and expanded to provide guidance on teaching the course, anticipating resistances, overcoming them, and providing exercises that could be used such as case studies, videos/movies, group activities, tours/visits, and other pedagogy that will facilitate learning.
• Easier comparison between and among groups made possible by updating population specific chapters to use common topical headings (when possible).

Offering the perfect blend of theory and practice, this classic text helps readers overcome the discomfort associated with discussions of race, provides real-world examples of how to discuss diversity and difference openly and honestly, and closely examines the hidden and unwritten rules that dictate many aspects of diversity in today’s world.

Table of Contents

• Preface
• About the Authors
• Section One the Multiple Dimensions of Multicultural Counseling and Therapy
  • Part I: The Affective and Conceptual Dimensions of Multicultural Counseling and Therapy
    • Chapter 1 Obstacles to Cultural Competence: Understanding Resistance to Multicultural Training
      • Emotional Self-Revelations and Fears: Majority Group Members
      • Emotional Invalidation versus Affirmation: For Marginalized Group Members
      • A Word of Caution
      • Recognizing and Understanding Resistance to Multicultural Training: For Trainees and Trainers
      • Cognitive Resistance—Denial
      • Emotional Resistance
      • Behavioral Resistance
      • Conclusions
      • Summary
      • References
    • Chapter 2 The Superordinate Nature of Multicultural Counseling and Therapy
      • Culture Universal (Etic) versus Culture Specific (Emic) Formulations
      • The Nature of Multicultural Counseling Competence
      • A Tripartite Framework for Understanding the Multiple Dimensions of Identity
      • Individual and Universal Biases in Psychology and Mental Health
      • The Impact of Group Identities on Counseling and Psychotherapy
      • What Is Multicultural Counseling/Therapy?
      • What Is Cultural Competence?
      • Cultural Humility and Cultural Competence
      • Social Justice and Cultural Competence
      • Summary
      • References
    • Chapter 3 Multicultural Counseling Competence for Counselors and Therapists of Marginalized Groups
      • Counselors from Marginalized Groups Working with Majority and Other Marginalized Group Clients
      • The Politics of Interethnic and Interracial Bias and Discrimination
      • The Historical and Political Relationships between Groups of Color
      • Differences between Racial/Ethnic Groups
      • Counselors of Color and Dyadic Combinations
      • Summary
      • References
  • Part II The Political Dimensions of Mental Health Practice
    • Chapter 4 The Political and Social Justice Implications of Counseling and Psychotherapy
      • The Education and Training of Mental Health Professionals
      • Definitions of Mental Health
      • Counseling and Mental Health Literature
      • Need to Treat Social Problems—Social Justice Counseling
      • The Foci of Therapeutic Interventions: Individual, Professional, Organizational and Societal
      • Social Justice Counseling
      • Summary
      • References
    • Chapter 5 Impact of Systemic Oppression
      • Therapist Credibility and Client Worldviews
      • The Rest of the Story
      • Therapist Credibility and Attractiveness
      • Formation of Individual and Systemic Worldviews
      • Formation of Worldviews
      • Summary
      • References
    • Chapter 6 Microaggressions in Counseling and Psychotherapy
      • Contemporary Forms of Oppression
      • Evolution of the “Isms”: Microaggressions
      • The Dynamics and Dilemmas of Microaggressions
      • Therapeutic Implications
      • Summary
  • Part III The Practice Dimensions of Multicultural Counseling/Therapy
    • Chapter 7 Barriers to Multicultural Counseling and Therapy: Individual and Family Perspectives
      • Identifying Multicultural Therapeutic Issues
      • Generic Characteristics of Counseling/Therapy
      • Culture-Bound Values
      • Class-Bound Values
      • Language Barriers
      • Patterns of “American” Cultural Assumptions and Multicultural Family Counseling/Therapy
      • Conclusions
      • Summary
      • References
    • Chapter 8 Culturally Appropriate Intervention Skills and Strategies
      • Cultural Expression of Mental Disorders
      • Communication Styles
      • Sociopolitical Facets of Nonverbal Communication
      • Counseling and Therapy as Communication Style
      • Summary
      • References
    • Chapter 9 Multicultural Evidence-Based Practice
      • Evidence-Based Practice and Multiculturalism
      • Evidence-Based Practice and Diversity Issues in Therapy
      • Summary
      • References
    • Chapter 10 Non-Western Indigenous Methods of Healing: Implications for Multicultural Counseling and Therapy
      • Legitimacy of Culture-Bound Syndromes: Nightmare Deaths and the Hmong Sudden Death Phenomenon
      • The Principles of Indigenous Healing
      • Conclusion
      • Summary
      • References
  • Part IV Racial/Cultural Identity Development in Multicultural Counseling and Therapy
    • Chapter 11 Racial/Cultural Identity Development in People of Color: Therapeutic Implications
      • Racial Awakening
      • Racial/Cultural Identity Development Models
      • A Racial/Cultural Identity Development Model
      • Therapeutic Implications of the R/ CID Model
      • Conclusions
      • Summary
      • References
    • Chapter 12 White Racial Identity Development: Therapeutic Implications
      • What Does It Mean to Be White?
      • The Invisible Whiteness of Being
      • Understanding the Dynamics of Whiteness
      • Models of White Racial Identity Development
      • The Process of White Racial Identity Development: A Descriptive Model
      • Developing a Nonracist and Antiracist White Identity
      • Summary
• Section Two Multicultural Counseling and Specific Populations
  • Part V Understanding Specific Populations
    • Chapter 13 Culturally Competent Assessment
      • Therapist Variables Affecting Diagnosis
      • Cultural Competence and Preventing Diagnostic Errors
      • Contextual and Collaborative Assessment
      • Infusing Cultural Competence into Standard Clinical Assessments
      • References
  • Part VI Counseling and Therapy with Racial/Ethnic Minority Group Populations
    • Chapter 14 Counseling African Americans
      • Characteristics and Strengths
      • Specific Challenges
      • References
    • Chapter 15 Counseling American Indians and Alaska Natives
      • Characteristics and Strengths
      • Specific Challenges
      • Alcohol and Substance Abuse
      • References
    • Chapter 16 Counseling Asian Americans and Pacific Islanders
      • Characteristics and Strengths
      • Specific Challenges
      • References
    • Chapter 17 Counseling Latinos
      • Characteristics and Strengths
      • Specific Challenges
      • References
    • Chapter 18 Counseling Individuals of Multiracial Descent
      • Multiracialism in the United States
      • Specific Challenges
      • A Multiracial Bill of Rights
      • Multiracial Strengths
      • References
  • Part VII Counseling and Special Circumstances Involving Racial/Ethnic Populations
    • Chapter 19 Counseling Arab and Muslim Americans
      • Arab Americans
      • Muslim Americans
      • Characteristics and Strengths
      • Specific Challenges
      • References
    • Chapter 20 Counseling Jewish Americans
      • Characteristics and Strengths
      • Specific Challenges
      • References
    • Chapter 21 Counseling Immigrants and Refugees
      • Challenges and Strengths
      • Counseling Refugees
      • References
  • Part VIII Counseling and Therapy with Other Multicultural Populations
    • Chapter 22 Counseling LGBT Individuals
      • Understanding Sexual Minorities
      • Specific Challenges
      • References
    • Chapter 23 Counseling Older Adult Clients
      • Characteristics and Strengths
      • Specific Challenges of Older Adults
      • References
    • Chapter 24 Counseling Women
      • Specific Challenges
      • Embracing Gender Strengths
      • References
    • Chapter 25 Counseling and Poverty
      • Demographics: Who Are the Poor?
      • Strengths of People Living in Poverty
      • Suggested Guidelines for Counselors
      • References
    • Chapter 26 Counseling Persons with Disabilities
      • Understanding Disabilities
      • The Americans with Disabilities Act
      • Specific Challenges
      • Supports for Individuals with Disabilities
      • Counseling Issues with Individuals with Disabilities
• References
• Author Index
• Subject Index

Crossing Gender, Fantasizing Bodies

Transgender Studies Quarterly
Volume 2, Number 4, November 2015
pages 717-719
DOI: 10.1215/23289252-3151664

Michael Davidson, Professor Emeritus of American Literature; Distinguished Professor
University of California, San Diego

Fantasies of Identification: Disability, Gender, Race. Ellen Samuels. New York: New York University Press, 2014. 263 pp.

Ellen Samuels’ Fantasies of Identification is about attempts since the mid-nineteenth century to establish legal identity on some scientific, empirical basis as part of a national, biopolitical imperative. In this regard, the book contributes to the intersection of US literary history, disability, gender, queer, and critical race studies. Samuels chronicles a range of methods that were developed to regularize identity and naturalize the belief that identity could be read on the body. Examples include finger printing, the infamous one-drop rule for persons of African descent, current DNA testing for disabilities, blood quantum rules to establish Native American tribal identity, and myriad techniques of sex testing to verify legal gender within binary frameworks. Samuels observes that every attempt to ground identity in blood, genes, or appearance founders on the unstable nature of the very categories it hopes to stabilize: race, sex, gender, and ability. This instability is often produced by the imbricated relationship among such categories, and Samuels argues that disability is an always-present modality by and against which race, class, sex, and gender are read. Certifiable identity categories are, as her title indicates, “fantasies” produced by institutions wanting to secure populations in strict categories for the purposes of juridical, economic, and cultural control. But since these protocols are fantastic—a “thing we not only imagine but desire to be true” (6)—they are also subject to deformation, appropriation, and carnivalization by the…

Read or purchase the review here.

Passing: Identity and Interpretation in Sexuality, Race, and Religion

New York University Press
August 2001
283 pages
5 illustrations
Cloth ISBN: 9780814781227
Paper ISBN: 9780814781234

Edited by:

María C. Sánchez, Associate Professor of English
University of North Carolina, Greensboro

Linda Schlossberg, Lecturer on Studies of Women, Gender, and Sexuality
Harvard University

Passing for what you are not—whether it is mulattos passing as white, Jews passing as Christian, or drag queens passing as women–can be a method of protection or self-defense. But it can also be a uniquely pleasurable experience, one that trades on the erotics of secrecy and revelation. It is precisely passing’s radical playfulness, the way it asks us to reconsider our assumptions and forces our most cherished fantasies of identity to self-destruct, that is centrally addressed in Passing: Identity and Interpretation in Sexuality, Race, and Religion.

Identity in Western culture is largely structured around visibility, whether in the service of science (Victorian physiognomy), psychoanalysis (Lacan’s mirror stage), or philosophy (the Panopticon). As such, it is charged with anxieties regarding classification and social demarcation. Passing wreaks havoc with accepted systems of social recognition and cultural intelligibility, blurring the carefully-marked lines of race, gender, and class.

Bringing together theories of passing across a host of disciplines—from critical race theory and lesbian and gay studies, to literary theory and religious studies—Passing complicates our current understanding of the visual and categories of identity.

Contributors: Michael Bronski, Karen McCarthy Brown, Bradley Epps, Judith Halberstam, Peter Hitchcock, Daniel Itzkovitz, Patrick O’Malley, Miriam Peskowitz, María C. Sánchez, Linda Schlossberg, and Sharon Ullman.

Fantasies of Identification: Disability, Gender, Race

New York University Press
April 2014
273 pages
12 halftones
Cloth ISBN: 9781479812981
Paper ISBN: 9781479859498

Ellen Samuels, Associate Professor of Gender and Women’s Studies and English
University of Wisconsin, Madison

In the mid-nineteenth-century United States, as it became increasingly difficult to distinguish between bodies understood as black, white, or Indian; able-bodied or disabled; and male or female, intense efforts emerged to define these identities as biologically distinct and scientifically verifiable in a literally marked body. Combining literary analysis, legal history, and visual culture, Ellen Samuels traces the evolution of the “fantasy of identification”—the powerful belief that embodied social identities are fixed, verifiable, and visible through modern science. From birthmarks and fingerprints to blood quantum and DNA, she examines how this fantasy has circulated between cultural representations, law, science, and policy to become one of the most powerfully institutionalized ideologies of modern society.

Yet, as Samuels demonstrates, in every case, the fantasy distorts its claimed scientific basis, substituting subjective language for claimed objective fact. From its early emergence in discourses about disability fakery and fugitive slaves in the nineteenth century to its most recent manifestation in the question of sex testing at the 2012 Olympic Games, Fantasies of Identification explores the roots of modern understandings of bodily identity.

Table of Contents

• Acknowledgments
• Introduction: The Crisis of Identification
• Part I Fantasies of Fakery
  • 1. Ellen Craft’s Masquerade
  • 2. Confidence in the Nineteenth Century
  • 3. The Disability Con Onscreen
• Part II Fantasies of Marking
  • 4. The Trials of Salomé Müller
  • 5. Of Fiction and Fingerprints
• Part III Fantasies of Measurement
  • 6. Proving Disability
  • 7. Revising Blood Quantum
  • 8. Realms of Biocertification
  • 9. DNA and the Readable Self
• Conclusion: Future Identifications
• Notes
• Bibliography
• Index

Analogizing Interracial and Same-Sex Marriage

Philosophy and Rhetoric
Volume 48, Number 4, 2015
pages 561-582

Isaac West, Associate Professor of Communication Studies
Vanderbilt University, Nashville, Tennessee

“Like race” analogies have been critiqued from various perspectives, and this article enters that conversation to engage those criticisms from a rhetorical perspective. In short, this article makes a case for resisting proscriptive judgments about these analogies until they have been contextualized and afforded their complexity as rhetorical figures. A rhetorical perspective of analogies engages them not as truth statements or as part of propositional logic (a monological view of communication) but instead as invitations to explore similar sets of relationships that are qualified through continued dialogue (a dialogical view of communication). Through a case study of a highly recirculated issue of the Advocate, this essay demonstrates the productive possibilities and limitations of analogical reasoning.

Read or purchase the article here.

Fluid Identity Discrimination

American Business Law Journal
Volume 52, Issue 4, Winter 2015
pages 789–857
DOI: 10.1111/ablj.12056

Leora F. Eisenstadt, Assistant Professor (Research)
Fox School of Business and Management
Temple University, Philadelphia, Pennsylvania

According to the most recent Census, the multiracial population of children has increased dramatically in the last decade, and the number of people of any age who identify as both white and black more than doubled in that time. In addition, there is a growing number of increasingly vocal transgender individuals who cannot be defined by existing sexual categories. Nonetheless, most courts have retained a categorical approach to Title VII that demands membership in a protected class even as American society becomes increasingly mixed and less conducive to simple categorization. In light of this new reality, this article considers the jurisprudence and scholarship on multiracial and transgender plaintiffs and argues that scholars and courts in both areas are dealing with discrimination against these increasingly visible individuals in an overly narrow way, leading to incomplete or unsatisfactory solutions. Rather than approach issues of racial identity and sexual identity separately, this article contends that these issues are symptomatic of a larger problem with Title VII, namely, an enduring attempt to fit increasingly amorphous identities into a strict categorical structure that no longer matches the reality of American society. Fluid Identity Discrimination proposes a rethinking of the protected class paradigm in light of a changed American populace with the goal of providing clarity and better alignment between law and social reality.

Read the entire article here.