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Comparing European, French, and American Law

Chapter i RACIAL DISCRIMINATION IN HOUSING Exclusion and Segregation Housing is the one commodity on the American market that Negroes and persons belonging to certain other ethnic minorities cannot purchase freely. A complex of forces and pressures operates to exclude members of these groups from residence in the major- ity of the nation's urban and suburban neighborhoods. T h e result is to segregate them in certain limited districts. In consequence, a minority person typically has fewer alternatives in housing than does a white homeseeker with

4 Fairness and Discrimination : Race Introduction We defined responsiveness in the last chapter as acting in a manner appropriate to the scale of a problem, devising fresh solutions where old solutions had failed, acting with an understanding of the context of a problem, and acting in co- operation with others to accept responsibility for families who need help. For a long time, good practice has also meant choos- ing problems and distributing resources in a way that delivers a rough justice to those receiving help. Rough justice has always included

145 Antidiscrimination legislation in every country contains an enumeration of pro- tected grounds for discrimination, with the list often growing longer with each passing year. This corresponds to the logic of the law, which is rooted in the prohi- bition of differences in treatment based on specified categories, unlike norms that are derived from the principle of equality. These inventories like the list established by the European Convention for the Protection of Human Rights, are not neces- sarily exhaustive.1 And, despite the many grounds listed—more in

C h a p t e r 1 0 Protection against Genetic Discrimination The New Civil Right Evidence of genetic discrimination Federal legislation against genetic discrimination Genetic discrimination in employment Genetic discrimination in life insurance Genetic discrimination in health insurance 173 Genetic discrimination is the use or potential use of an individual’s genetic information in decisions regarding employment and insurance, including life and health insurance. Discriminatory behavior includes actions against the individual’s best interests based on this genetic

in DNA

82 Disparate impact discrimination has been under fire in the United States since the landmark Ricci v. DeStefano case in 2009.1 The debate is equally topical in France, where its supreme court, the Cour de Cassation, more recently handed down several rulings recognizing indirect sex discrimination,2 in an effort to “flush out more subtle forms of discrimination.” European equality law distinguishes between direct discrimination, that is, intentionally treating a person less favorably because he or she has a protected characteristic, and indirect

XV Race Discrimination and the Law The most serious forms of discrimination are those embodied in laws and regulations, legally establishing or permitting acts of discrim- ination; those practised by authorities and public officials in enforcing the law, and the arbitrary discriminatory measures taken by such authorities and public officials. United Nations, Commission on Human Rights, The Main Types and Causes of Discrimination (1949). Relations among racial groups, and particularly the status of nonwhite minorities, have long been a subject of

45 th r e e From Discrimination to Affi rmative Action Most of the black scientists in this country don’t come from schools like the University of Texas. — Antonin Scalia at oral argument in Fisher v. University of Texas In the fi rst half of the twentieth century, Texas segregated its schools, like all other Southern states. A case involving the University of Texas School of Law produced a major stepping-stone toward Brown v. Board of Education.1 In the current century, another case involving UT’s under- graduate admissions reaffi rmed a state’s right

5 Fairness and Discrimination: Difficult Children Introduction In the face of racial discrimination, we argued in the last chapter, our primary goal should be the restoration and preservation of citizenship. Services are means, not ends, and should not usurp the primacy of the ends. In this chapter we examine the situation of the small group of children for whom the child welfare system is the only source of help standing between them and state mental hospitals, prisons, or the streets. These children cannot, on the face of it, expect the indepen

Part I I I Sunbelt Protests against Discrimination 5 The Making of New Labor in the Sunbelt 157 On the afternoon of May 9, 2002, the courtyard outside the Petition Depart- ment of the Shenzhen City Labor Bureau was crowded with young workers still in their blue uniforms, with factory identity cards pinned to their shirt pockets. They were ordinary workers and line leaders of a Hong Kong– owned electronics plant making hair dryers and toaster ovens for export to the United States. After the company announced a “wage reform” that sub- stituted piece rates for