Perceptions of Misperceived Race
In recent years our federal courts have taken steps to address racial discrimination by emphasizing what has been called colorblindness––the idea that our laws should achieve racial equality by eliminating racial categories. While this catchall solution addresses a majority of racial discrimination claims, it fails to properly address misperceived racial discrimination. In cases involving misperceived race, an individual claims that he or she has been discriminated against in some way based on the racial identity that others have imputed onto…