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
Date Written: 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.
Keywords: discrimination, mixed motives, hostile environment, bias, racial discrimination
JEL Classification: B10, J7
Suggested Citation: Suggested Citation