Document Type

Article

Publication Title

Cornell Law Review

Volume

87

Publication Date

2001

Keywords

employment discrimination

Abstract

This Article examines the role of race ideology in the enforcement of antidiscrimination laws. Professor Hernandez demonstrates the ways in which the U.S. race ideology is slowly starting to resemble the race ideology of much of Latin America. The evolving U.S. race ideology is a multiracial matrix made up of four precepts: (1) racial mixture and diverse racial demography will resolve racial problems; (2) fluid racial classification schemes are an indicator of racial progress and the colorblind abolition of racial classifications an indicator of absolute racial harmony; (3) racism is solely a phenomenon of aberrant racist individuals; and (4) focusing on race is itself racist. Because the multiracial matrix parallels much Latin American race discourse, Professor Hernandez conducts a comparative analysis between U.S. and Latin American anti-discrimination law enforcement practices. Professor Hernandez concludes that the new race ideology bolsters the maintenance of race hierarchy in a racially diverse population. Consequently, an uncritical embrace of the new race ideology will hinder the enforcement of antidiscrimination laws in the United States. Professor Hernandez proposes that a greater focus on racism as a global issue that treats race as a political identity formation will assist in the recognition of the civil rights dangers of a multiracial matrix.

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