Pretext Without Context
22 Pages Posted: 21 Sep 2010
Date Written: July 1, 2010
This Response Essay examines the colorblind, a contextual and a historical interpretation of pretext offered in two race discrimination cases arising out of Alabama: Ash v. Tyson Foods and Moore v. Handley. Moreover, through the examination of these two cases, this Essay illustrates the manner in which courts use procedure and substantive law to effectively preclude the viability of race discrimination cases brought under the disparate theory of discrimination at various stages in litigation and thus plaintiffs’ ability to redress subtle yet unlawful discrimination in the contemporary workplace. Ultimately, this Essay urges courts to place evidence of pretext – interactions, conduct, and words – in race discrimination cases in social and relational contexts, which are necessarily informed by America's historical and current race relations.
Keywords: employment discrimination, employment law, disparate treatment, Title VII of the 1964 Civil Rights Act, Section 1981, race discrimination, Ash v. Tyson Foods, pretext, McDonnell Douglas v. Green
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