Chapter 1:
ESSAY: Write your answer in the space provided or on a separate sheet of paper.
1. Discuss at least three different critical perspectives on the goals of antidiscrimination laws.
Please refer specifically to examples from excerpts of articles found in Chapter One.
2. How is the discussion of "equality" different in the arguments by Professor Brest, Professor
Crenshaw and Professor Finley?
3. Discuss the debate between Richard Epstein and Erwin Chemerinsky regarding the role of the
marketplace as the regulator of discrimination in employment. What are the strengths and
weaknesses of each argument?
4. How does the idea of "intersectionality" suggest a reconceptualization of what constitutes
employment discrimination?
5. Discuss the sameness/difference dilemma and provide examples of ways that this "dilemma"
occurs in the workplace.
SHORT ANSWER: Write the word or phrase that best completes each statement or answers
the question.
6. What is the antidiscrimination principle?
7. Explain briefly the critical race critique of the use of color blind equality.
8. Describe the "transparency phenomenon" as discussed by Professor Flagg.
9. What is the dominance theory and how would it apply to employment discrimination laws?
MULTIPLE CHOICE: Choose the one alternative that best completes the statement or
answers the question.
10. Select the best answer from the following statements:
a. All complaints by private employees must be filed with the U.S. Department of Labor.
b. All complaints by private employees must be filed with the Equal Employment Opportunity
Commission or the approved state human rights division acting with the EEOC.
c. The Labor Department is charged with the responsibility of setting up various procedures to
investigate discrimination charges against private employers.
d. The Equal Employment Opportunity Commission does not have the power to develop
regulations that implement Title VII law.
e. None of the above statements are true.
,11. Select the best answer that reflects the views of Professor Paul Brest from the following
statements:
a. The heart of the antidiscrimination principle is its prohibitions of race-dependent decisions
that disadvantage members of minority groups.
b. The heart of the antidiscrimination principle is its prohibitions of race-dependent decisions
that prevent or rectify racial injustices without subordinating other important values.
c. The antidiscrimination principle is not the exclusive principle of justice as it is also possible
to adopt principles concerned with economic justice.
d. The antidiscrimination principle rests on fundamental moral values that are widely shared in
our society.
e. All of the above statements are true.
12. Select the statement that best reflects the views articulated by Professor Culp in the excerpt
from his article:
a. Colorblindness is a key ingredient in any effort to eliminate racism in today's society.
b. Race-consciousness policies are needed to eliminate racism in today's society.
c. Colorblindness is a moral statement about a principle society needs to endorse.
d. All of the above statements reflect his views.
e. None of the above statements reflect his views.
13. Select the statement that best reflects the points made by Professor Flagg in the excerpt from
her work:
a. Whites are taught by inaction not to recognize white privilege.
b. White privilege is an elusive and fugitive subject for whites.
c. It is necessary to give up the idea of meritocracy in order to understand white privilege.
d. White skin color is an asset for any move the white person was educated to want to make.
e. All of the above reflect Professor Flagg's views.
14. Select the answer which best reflects the dominance approach as developed by Professor
Mackinnon and described by Professor Eichner in the excerpt provided:
a. Equality is a question of power; gender is also a question of power, specifically of male
supremacy and female subordination.
b. The dominance approach reflects the traditional male approach to law.
c. The dominance approach states that difference is not biological.
d. The dominance approach recognizes that difference can be politically constructed.
e. All of the above reflect Mackinnon's dominance approach.
15. Select the best answer from the following statements based on the debate between Professors
Epstein and Chemerinsky.
a. The difference between these two scholars is that Epstein wants to repeal all
antidiscrimination laws and Chemerinsky relies on the freedom of contract and the freedom
of the market to argue that the laws should remain.
b. The difference between the two scholars is that Epstein thinks the market will eliminate
discrimination if left alone and Chemerinsky believes that employers don't always act based
on economic costs, particularly when discriminatory motives are involved.
,c. Chemerinsky wants to repeal all employment discrimination laws and let the market control
but Epstein thinks this would result in widespread discrimination by employers.
d. Professor Chemerinsky believes that freedom of contract should not be interfered with in
order to address discrimination.
e. None of the above are true.
, 16. Select the best answer from the following statements about Professor Kimberle Crenshaw's
excerpt:
a. Professor Crenshaw believes that because the scope of antidiscrimination law is so limited,
sex and race discrimination have come to be defined in terms of the experiences of those
who are privileged but for their racial or sexual characteristics.
b. Professor Crenshaw argues that according to the dominant view, a discriminator treats all
people within a race or sex category similarly.
c. Professor Crenshaw argues that Black women, for example, may not be treated the same as
Black men or white women.
d. Professor Crenshaw argues that by failing to address "intersectionality" of Black womens'
lives Title VII does not properly conceptualize the meaning of discrimination.
e. All of the above are true.
ESSAY: Write your answer in the space provided or on a separate sheet of paper.
1. Discuss at least three different critical perspectives on the goals of antidiscrimination laws.
Please refer specifically to examples from excerpts of articles found in Chapter One.
2. How is the discussion of "equality" different in the arguments by Professor Brest, Professor
Crenshaw and Professor Finley?
3. Discuss the debate between Richard Epstein and Erwin Chemerinsky regarding the role of the
marketplace as the regulator of discrimination in employment. What are the strengths and
weaknesses of each argument?
4. How does the idea of "intersectionality" suggest a reconceptualization of what constitutes
employment discrimination?
5. Discuss the sameness/difference dilemma and provide examples of ways that this "dilemma"
occurs in the workplace.
SHORT ANSWER: Write the word or phrase that best completes each statement or answers
the question.
6. What is the antidiscrimination principle?
7. Explain briefly the critical race critique of the use of color blind equality.
8. Describe the "transparency phenomenon" as discussed by Professor Flagg.
9. What is the dominance theory and how would it apply to employment discrimination laws?
MULTIPLE CHOICE: Choose the one alternative that best completes the statement or
answers the question.
10. Select the best answer from the following statements:
a. All complaints by private employees must be filed with the U.S. Department of Labor.
b. All complaints by private employees must be filed with the Equal Employment Opportunity
Commission or the approved state human rights division acting with the EEOC.
c. The Labor Department is charged with the responsibility of setting up various procedures to
investigate discrimination charges against private employers.
d. The Equal Employment Opportunity Commission does not have the power to develop
regulations that implement Title VII law.
e. None of the above statements are true.
,11. Select the best answer that reflects the views of Professor Paul Brest from the following
statements:
a. The heart of the antidiscrimination principle is its prohibitions of race-dependent decisions
that disadvantage members of minority groups.
b. The heart of the antidiscrimination principle is its prohibitions of race-dependent decisions
that prevent or rectify racial injustices without subordinating other important values.
c. The antidiscrimination principle is not the exclusive principle of justice as it is also possible
to adopt principles concerned with economic justice.
d. The antidiscrimination principle rests on fundamental moral values that are widely shared in
our society.
e. All of the above statements are true.
12. Select the statement that best reflects the views articulated by Professor Culp in the excerpt
from his article:
a. Colorblindness is a key ingredient in any effort to eliminate racism in today's society.
b. Race-consciousness policies are needed to eliminate racism in today's society.
c. Colorblindness is a moral statement about a principle society needs to endorse.
d. All of the above statements reflect his views.
e. None of the above statements reflect his views.
13. Select the statement that best reflects the points made by Professor Flagg in the excerpt from
her work:
a. Whites are taught by inaction not to recognize white privilege.
b. White privilege is an elusive and fugitive subject for whites.
c. It is necessary to give up the idea of meritocracy in order to understand white privilege.
d. White skin color is an asset for any move the white person was educated to want to make.
e. All of the above reflect Professor Flagg's views.
14. Select the answer which best reflects the dominance approach as developed by Professor
Mackinnon and described by Professor Eichner in the excerpt provided:
a. Equality is a question of power; gender is also a question of power, specifically of male
supremacy and female subordination.
b. The dominance approach reflects the traditional male approach to law.
c. The dominance approach states that difference is not biological.
d. The dominance approach recognizes that difference can be politically constructed.
e. All of the above reflect Mackinnon's dominance approach.
15. Select the best answer from the following statements based on the debate between Professors
Epstein and Chemerinsky.
a. The difference between these two scholars is that Epstein wants to repeal all
antidiscrimination laws and Chemerinsky relies on the freedom of contract and the freedom
of the market to argue that the laws should remain.
b. The difference between the two scholars is that Epstein thinks the market will eliminate
discrimination if left alone and Chemerinsky believes that employers don't always act based
on economic costs, particularly when discriminatory motives are involved.
,c. Chemerinsky wants to repeal all employment discrimination laws and let the market control
but Epstein thinks this would result in widespread discrimination by employers.
d. Professor Chemerinsky believes that freedom of contract should not be interfered with in
order to address discrimination.
e. None of the above are true.
, 16. Select the best answer from the following statements about Professor Kimberle Crenshaw's
excerpt:
a. Professor Crenshaw believes that because the scope of antidiscrimination law is so limited,
sex and race discrimination have come to be defined in terms of the experiences of those
who are privileged but for their racial or sexual characteristics.
b. Professor Crenshaw argues that according to the dominant view, a discriminator treats all
people within a race or sex category similarly.
c. Professor Crenshaw argues that Black women, for example, may not be treated the same as
Black men or white women.
d. Professor Crenshaw argues that by failing to address "intersectionality" of Black womens'
lives Title VII does not properly conceptualize the meaning of discrimination.
e. All of the above are true.
