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Thus, this lawsuit must be examined to see if it states a cause of action for race discrimination, sex discrimination, or alternatively either, but not a combination of both. However, they should not be allowed to combine statutory remedies to create a new “super-remedy” which would give them relief beyond what the drafters of the relevant statutes intended. The plaintiffs are clearly entitled to a remedy if they have been discriminated against.
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The plaintiffs allege that they are suing on behalf of black women, and that therefore this lawsuit attempts to combine two causes of action into a new special sub-category, namely, a combination of racial and sex-based discrimination…. Yet the court refused to allow the plaintiffs to combine sex-based and race-based discrimination into a single category of discrimination: Such a sweeping loss of jobs among Black women led the plaintiffs to argue that seniority-based layoffs, guided by the principle “last hired-first fired,” discriminated against Black women workers at General Motors, extending past discriminatory practices by the company.
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All of the Black women hired after 1970 lost their jobs fairly quickly, however, in mass layoffs during the 1973–75 recession. The General Motors Corporation had never hired a Black woman for its workforce before 1964-the year the Civil Rights Act passed through Congress. General Motors, filed by five Black women in 1976, demonstrates this point vividly. The ruling in one such case, DeGraffenreid v. This framework frequently renders Black women legally “invisible” and without legal recourse.Ĭrenshaw describes several employment discrimination-based lawsuits to illustrate how Black women’s complaints often fall between the cracks precisely because they are discriminated against both as women and as Blacks. Yet the legal system has generally defined sexism as based upon an unspoken reference to the injustices confronted by all (including white) women, while defining racism to refer to those faced by all (including male) Blacks and other people of color. 4Ĭrenshaw argues that Black women are discriminated against in ways that often do not fit neatly within the legal categories of either “racism” or “sexism”-but as a combination of both racism and sexism.
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But it is not always easy to reconstruct an accident: Sometimes the skid marks and the injuries simply indicate that they occurred simultaneously, frustrating efforts to determine which driver caused the harm. Similarly, if a Black woman is harmed because she is in an intersection, her injury could result from sex discrimination or race discrimination. If an accident happens in an intersection, it can be caused by cars traveling from any number of directions and, sometimes, from all of them. Discrimination, like traffic through an intersection, may flow in one direction, and it may flow in another. Indeed, Crenshaw uses the following analogy, referring to a traffic intersection, or crossroad, to concretize the concept:Ĭonsider an analogy to traffic in an intersection, coming and going in all four directions. Black feminist and scholar Barbara Smith, 1983 2īlack legal scholar Kimberlé Crenshaw coined the term “intersectionality” in her insightful 1989 essay, “Demarginalizing the Intersection of Race and Sex: A Black Feminist Critique of Antidiscrimination Doctrine, Feminist Theory and Antiracist Politics.” 3 The concept of intersectionality is not an abstract notion but a description of the way multiple oppressions are experienced. “The concept of the simultaneity of oppression is still the crux of a Black feminist understanding of political reality and, I believe, one of the most significant ideological contributions of Black feminist thought.” the Combahee River Collective Statement, 1977 1 “Although we are in essential agreement with Marx’s theory as it applied to the very specific economic relationships he analyzed, we know that his analysis must be extended further in order for us to understand our specific economic situation as Black women.”