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The Structural Turn and the Limits of Antidiscrimination Law
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The Structural Turn and the Limits of Antidiscrimination Law
The Structural Turn and the Limits of Antidiscrimination Law
Journal Article

The Structural Turn and the Limits of Antidiscrimination Law

2006
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Overview
Although we often think of the notion of \"institutional\" racism or sexism as a recent development, in fact the idea has been around for a long time. Many of the original drafters of the Civil Rights Act of 1964 expressed a desire to address what Senator Humphrey called the \"many impersonal institutional processes which nevertheless determine the availability of jobs for nonwhite workers.\" Although the statute Congress ultimately enacted fell short of Senator Humphrey's hopes on that score, hints of a structural approach to discrimination live on (if perhaps on life support) in doctrines such as disparate impact.