Is Title VII an “Anti-Discrimination” Law?
PDF: Anuj C. Desai,[1] Is Title VII an “Anti-Discrimination” Law? Title VII of the Civil Rights Act of 1964 is commonly referred to as an “anti-discrimination” statute. At its core, we are told, it prohibits something called “discrimination.” But does it? Startlingly, the answer is no—not really. Instead, Title VII prohibits certain acts done for certain reasons. True, the reasons are precisely what everyone has long understood them to be—”because of . . . race, color, religion, sex, or national origin . . . .”[2] But the law’s prohibited acts do not Continue reading →