Never Equals: Slavery, White Masculinities, and the Legacy of Law in Today's Workplaces
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Authors
McGinley, Ann C.
Issue Date
2023-03
Volume
56
Issue
2
Type
Journal Article
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Abstract
INTRODUCTION
This essay discusses two themes of Race Unequals: (1) the role of law in creating and reinforcing gendered, classed, and raced identities on plantations in the Antebellum South; and (2) the existence of slavery’s legacy today in workplaces and the law’s frequent failure to remedy its damaging tentacles. Part II describes masculinities studies from the social sciences and Multidimensional Masculinities Theory in law and applies the theory to analyze the first theme. Part III considers slavery’s legacy in today’s workplaces and analyzes employment discrimination law’s shortcomings in eliminating racism in workplaces. The essay concludes that White masculinities, established in the Old South, were created and maintained by law, and that the stain of slavery continues to exist today despite the efforts of the civil rights movement to ban racial discrimination in employment. Moreover, the courts have played a role in perpetuating racial discrimination in workplaces through their interpretation of the antidiscrimination laws.
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Publisher
Creighton University School of Law