Recentering Substantive Fairness In Antidiscrimination Law
Document Type
Article
Publication Date
10-8-2026
Abstract
In this Article, we document the overarching assault on antidiscrimination law as a decentering of a substantive vision of fairness in work, and we look toward setting the foundation for a stronger future for employment discrimination law in a multiracial democracy. Recentering substantive fairness in employment discrimination law, we argue, must be a matter of shifting our thinking for all claims away from isolated HR decisional processes and mindsets and toward employment practices. We identify three conceptual cruxes for recentering substantive fairness in our thinking—resisting a narrowing of the lens of time, resisting a narrowing of the lens of space, and breaking across boundaries—and we consider ways for prioritizing these conceptual cruxes concretely in Title VII, now and in the future.
Recommended Citation
Green, Tristin K. and Hernandez, Tanya Kateri, "Recentering Substantive Fairness In Antidiscrimination Law" (2026). Law Faculty Research and Publications. 26.
https://digitalcommons.lmu.edu/law_faculty_pub/26
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