The essay begins with a discussion of which groups deserve the protection of employment discrimination law. With the protected categories of Title VII of the 1964 Civil Rights Act etched into the American consciousness, many might consider the appropriate categories to be fully self-evident. But of course, they are not, and many jurisdictions continue to struggle over whether certain dispreferred groups merit the law's solicitude.
John J. Donohue III,
Employment Discrimination Law in Perspective: Three Concepts of Equality,
Mich. L. Rev.
Available at: https://repository.law.umich.edu/mlr/vol92/iss8/8