A separate category for mixed race is necessary to redress the unique harms targeting mixed-race persons.

A separate category for mixed race is necessary to redress the unique harms targeting mixed-race persons. In order to be most effective any scheme proposing such a category must address many pitfalls and complexities in Title VII doctrine. Any categorization must be flexible, just as race can be fluid and contextual. The general argument against a separate category for mixed race ignores the fact that courts are in the midst of selectively choosing where to embrace it and that society already constructs such a category for some individuals. Instead, we must examine the treatment of individuals based on belonging to this category, not the harm of merely being categorized. Many participants of the contemporary discourse argue for why the category is beneficial as a general matter, and these arguments demonstrate possible benefits to adopting such a category in Title VII.

Scot Rives, “Multiracial Work: Handing Over the Discretionary Judicial Tool of Multiracialism,” UCLA Law Review, Volume 58, Number 5 (2011): 1334-1335.

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