Courts carving out wartime foreign-policy slurs creates a de facto exception under Title VII

Evidence

Misconstruing ethnic slurs as mere political opinion and as justified by current events undermines the remedial objectives of Title VII and, in effect, provides an exception to national origin and racial discrimination when the derogatory remarks touch upon U.S. foreign policy and military operations. Just as discrimination against persons of Vietnamese origin was not justified, much less legal, during the Vietnamese war, discrimination against Iraqis, Afghans, and other Middle Easterners during the indefinite β€œWar on Terror,” focused on primarily Middle Eastern nations, not be tolerated by the courts. β€” Sahar F. Aziz, Sticks and Stones, the Words That Hurt, 260

Categorization

  • XREF: Contrasts with her own interest in the Vietnam-era precedent, connecting to the broader racecraft versus legal-remedy books she reads. β€” connects to: Employer tolerance of harassment itself violates Title VII national origin protections β€” Sahar F. Aziz, Sticks and Stones, the Words That Hurt:…, 175; National security exceptions legally override anti-discrimination protections for Muslims β€” Deepa Kumar, Islamophobia and the Politics of…, 564; Section 1981 spills beyond Title VII’s damage caps and employee thresholds. β€” Sahar F. Aziz, Sticks and Stones, the Words That Hurt:…, 365 (+1 more)

Broader Connections