The Illiberal Logic of Intersectionality | @xchrisgonzhttp://quillette.com/2018/05/08/illiberal-logic-intersectionality/ …
You're saying there was already a way to claim discrimination as a black woman, not just as black or as woman? Crenshaw was wrong about that? Or she didn't take it to court?
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The plaintiff in the case had 2 bites at the apple. One for sex discrimination and another for race discrimination. Discrimination against black women as a class would be both under this ruling not neither. But the labor agreement didn't say "fire black women first"
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That was what she complained about, yes. And argued to be able to complain of discrimination on the intersection. I don't know if discrim against black women was explicitly set out or just suspected to exist. Either way, there needed to be a way to complain of it.
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This is where she set it all out anyway. https://chicagounbound.uchicago.edu/cgi/viewcontent.cgi?referer=https://uk.search.yahoo.com/&httpsredir=1&article=1052&context=uclf …
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I get the argument she's trying to make. But this case wasn't dismissed because black women weren't able to claim discrimination, rather because there was no actual evidence of discrimination.
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There was a way to claim discrimination as a black woman? Evidence of this was able to be submitted and not just for racism OR sexism? I admit. I don't know the law. Crenshaw was a lawyer tho. I hate intersectionality generally but she seemed fairly tight on gaps in the law.
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I think the confusion here is a conflation of "racism" and "race based discrimination". Those aren't the same things. Racism might be a motive for race based discrimination, but isn't necessary for race based discrimination to occur
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So if there's a rule that says "black women are fired first" it's both race based discrimination and sex based discrimination. Doesn't matter if the employer doesn't have a problem with black men.
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But did the law allow for that? If all the black women were fired first, could a complaint of sexist or racist discrimination be made if there were plenty of white women and black men who weren't fired? I don't know and don't have time to read Crenshaw again now.
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A parallel would be if an intersectional organisation said 'No white men' & there was no way to act against this because you could only complain about racism OR sexism and the organisation allowed white women and black men. There'd need to be a recognition WM specif disadvantaged
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