Covering_ The Hidden Assault on American Civil Rights - Kenji Yoshino [110]
24 Rogers v. American Airlines Rogers v. American Airlines, Inc., 527 F. Supp. 229.
25 Rogers was an African-American Ibid., p. 231.
26 Yet the policy disproportionately burdened Paulette Caldwell, “A Hair Piece: Perspectives on the Intersection of Race and Gender,” Duke Law Journal (April 1991): 365, 379.
27 Rogers, who wore cornrows Rogers, 527 F. Supp. at 231.
28 It pointed out that Rogers Ibid., p. 232.
29 This defense, of course, turns back Caldwell, “A Hair Piece,” p. 379.
30 The court posited that an “Afro/bush” Rogers, 527 F. Supp. at 232.
31 The court then maintained that Ibid.
32 The court observed that Ibid., quoting Garcia v. Gloor, 618 F.2d 264, 269 (5th Cir. 1980).
33 “historical essence of Black” Ibid., quoting Plaintiff’s Memorandum in Opposition to Motion to Dismiss at 4-5.
34 That answer has been elaborated Caldwell, “A Hair Piece.”
35 When her hair is long Ibid., p. 382.
36 When she wears an Afro Ibid., p. 370.
37 When she wears cornrows Caldwell recounts how “the student [who] … publicly introduced the subject of braided hair … stopped in mid-sentence and covered her mouth in embarrassment,” because Caldwell “appeared at each class meeting wearing a neatly-braided pageboy”; and she reflects that she “resented being the unwitting object of one in thousands of law school hypotheticals.” Ibid., p. 368.
38 Caldwell concludes from these experiences Ibid., p. 391.
39 She notes that virtually all novels Ibid., pp. 391–92.
40 “Blacks selling to whites” Molloy, New Dress for Success, p. 211.
41 “It is an undeniable fact” Ibid., p. 234.
42 After conducting research Ibid., p. 233.
43 “Doing the things a white” Ariela J. Gross, “Litigating Whiteness: Trials of Racial Determination in the Nineteenth-Century South,” Yale Law Journal 108 (October 1998): 112.
44 And they do: the Molloy book See Mike Bruton, “Eagles Radio Employee Wouldn’t Go by the Book,” Philadelphia Inquirer, March 19, 2002, p. C1.
45 Economics professors Marianne Bertrand and Sendhil Mullainathan, “Are Emily and Greg More Employable Than Lakisha and Jamal? A Field Experiment on Labor Market Discrimination,” American Economic Review 94 (September 2004): 991–1013. For press coverage of their findings, see, for example, Alan B. Krueger, “Sticks and Stones Can Break Bones, but the Wrong Name Can Make a Job Hard to Find,” New York Times, December 12, 2002, p. C2.
46 The “white” résumés Bertrand and Mullainathan report, “Resumes with White names have a 9.65 percent chance of receiving a callback. Equivalent resumes with African American names have a 6.45 percent chance of being called back. This represents a difference in callback rates of 3.20 percentage points, or 50 percent, that can solely be attributed to the name manipulation.” Bertrand and Mullainathan, “Emily and Greg,” pp. 997–98.
47 “To a person who speaks” Garcia v. Gloor, 618 F.2d 264, 270 (5th Cir. 1980).
48 As sociolinguist Joshua Fishman Joshua A. Fishman, “Language and Ethnicity,” in Language, Ethnicity and Intergroup Relations, ed. Howard Giles (Oxford: Pergamon Press, 1977), pp. 25–26.
49 In 1988, a federal appellate Gutierrez v. Municipal Court of Southeast Judicial District, 838 F.2d 1031 (9th Cir.), reh’g denied, 861 F.2d 1187 (9th Cir. 1988), vacated as moot, 490 U.S. 1016 (1989).
50 Dissenting from the court’s decision Gutierrez, 861 F.2d at 1193 (Kozinski, J., dissenting from denial of rehearing en banc).
51 He aspires to compose Zangwill, The Melting Pot, p. 33.
52 Then David’s own commitment Ibid.
53 the massacre of his parents in Russia Ibid., pp. 148–53.
54 Sitting on a roof garden Ibid., p. 184.
55 “Celt and Latin