Defining Discrimination

Federal, state and local laws prohibit discrimination based on many grounds such as race, sex, religion, national origin and disability. But the operative term, "discrimination," is typically quite vaguely defined in statutory language. As a consequence, courts and legal analysts have developed a number of theories of discrimination. These theories can be inconsistent with each other and with popular definitions of discrimination; for instance, some laws forbidding "discrimination" forbid differential treatment, some permit it under limited circumstances and some require it. Discrimination may or not require a specific mental state ("discriminatory intent") or specific consequences ("discriminatory effect" or "disparate impact"). Arguably, "discrimination" is, in practice, as much a question of values and norms as it is a matter of fact. This class will explore the concept of discrimination in case law, philosophy and legal theory. Special Instructions: Grades will be based on attendance, class participation and (1) short reflection essays on the readings and a short research paper or (2) a long research paper with consent of the instructor. After the term begins, students accepted into the course can transfer from section (01) into section (02), which meets the R requirement, with consent of the instructor. Elements used in grading: Attendance, Class Participation, Written Assignments, Final Paper. CONSENT APPLICATION: To apply for this course, students must complete and submit a Consent Application Form available on the SLS website (Click Courses at the bottom of the homepage and then click Consent of Instructor Forms). See Consent Application Form for instructions and submission deadline.