This Article seeks to extend the analysis of these developments in the corporate world to anti-discrimination law under the Equal Protection Clause of the Fourteenth Amendment. This Article will show that discrimination based upon cultural insights or experiences is distinct from race discrimination and will articulate a general theory of why and under what circumstances this holds true. The difference between culture-based discrimination and using culture as a proxy for race (Which would then be race discrimination) requires a careful and non-mythological understanding of what race is, and what race is not. Moreover, showing that culture discrimination is not prohibited by anti-discrimination law does not really resolve much, as cultural discrimination carries the risks of many of the evils our anti-discrimination laws are designed to address. Therefore, this Article concludes with proposals for regulating cultural discrimination so that fair discrimination based upon specific cultural facility, ranging from communication skills to cultural insights, is not accompanied by the potential for parasitic cultural discrimination.
Steven A. Ramirez,
A General Theory of Cultural Diversity,
Mich. J. Race & L.
Available at: https://repository.law.umich.edu/mjrl/vol7/iss1/2