Your discussion nails the dogged SCOTUS determination to make black discrimination cases all about ‘intent’ versus ‘contextualizing’. In other words, their restrictive language makes any discrimination case not survivable in court. SCOTUS has even moved arbitration job discrimination cases to arbitration, keeping a wide range of discrimination lawsuits out of public view.
Your discussion nails the dogged SCOTUS determination to make black discrimination cases all about ‘intent’ versus ‘contextualizing’. In other words, their restrictive language makes any discrimination case not survivable in court. SCOTUS has even moved arbitration job discrimination cases to arbitration, keeping a wide range of discrimination lawsuits out of public view.