Non-Determinative Discrimination, Mixed Motives, and the Inner Boundary of Discrimination Law

Buffalo Law Review, Vol. 35, p. 85, 1986

92 Pages Posted: 29 Jul 2010 Last revised: 2 Apr 2015

Sam Stonefield

Western New England University School of Law

Date Written: 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.

Keywords: discrimination, mixed motives, hostile environment, bias, racial discrimination

JEL Classification: B10, J7

Suggested Citation

Stonefield, Sam, Non-Determinative Discrimination, Mixed Motives, and the Inner Boundary of Discrimination Law (1986). Buffalo Law Review, Vol. 35, p. 85, 1986. Available at SSRN: https://ssrn.com/abstract=1649501

Samuel Stonefield (Contact Author)

Western New England University School of Law ( email )

1215 Wilbraham Road
Springfield, MA 01119
United States

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