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Non-Determinative Discrimination, Mixed Motives, and the Inner Boundary of Discrimination LawSam StonefieldWestern New England University School of Law 1986 Buffalo Law Review, Vol. 35, p. 85, 1986 Abstract: This article describes a form of discrimination – called non-determinative discrimination – that involves types of conduct that are not covered by current doctrine but that should be protected in order to serve the purposes of the laws against discrimination. Written in 1986, it addressed the issue of mixed-motive discrimination and anticipated (and provided a framework for) the hostile environment claims of the 1990s.
Number of Pages in PDF File: 92 Keywords: discrimination, mixed motives, hostile environment, bias, racial discrimination JEL Classification: B10, J7 Accepted Paper SeriesDate posted: July 29, 2010 ; Last revised: December 28, 2011Suggested CitationContact Information
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