Non-Determinative Discrimination, Mixed Motives, and the Inner Boundary of Discrimination Law
Western New England University School of Law
Buffalo Law Review, Vol. 35, p. 85, 1986
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
Date posted: July 29, 2010 ; Last revised: April 2, 2015