Asian Women and Employment Discrimination: Using Intersectionality Theory to Address Title VII Claims Based on Combined Factors of Race, Gender and National Origin

Abstract

This Note examines the difficulties facing Asian women in the employment context and in bringing Title VII claims. This Note argues that in order for Asian women to find adequate redress in employment discrimination cases, courts and practitioners must recognize and define precisely the unique circumstances of discrimination based on an inseparability of race, gender and national origin. Section II describes Title VII and its purpose. Section III examines judicial interpretations of Title VII using black women's and Asian women's experiences) Section IV then highlights the historical discrimination against Asians in America and the resultant stereotypes that have harmful effects on Asians in the present. This Section also includes a discussion of stereotypes that affect Asian women's experiences in particular. Section V discusses intersectionality theory and its potential as a tool for understanding the unique experiences of Asian women!" Section VI then advocates use of intersectionality theory by both judges and attorneys to frame Asian women's employment experiences in order to address adequately multi-factored claims based on race, gender and national origin.