Intragroup Discrimination in the Workplace: The Case for "Race Plus"

The application of Title VII is uneven. Courts apply it to employment discrimination across groups (intergroup discrimination), but are reluctant to do so for discrimination within groups (intragroup discrimination). Even where courts recognize intragroup discrimination, they do so unevenly by applying "sex plus" doctrine in cases of intragroup sex discrimination but no corresponding "race plus" doctrine to intragroup race discrimination, This article calls attention to intragroup discrimination and proposes "race plus" as a natural extension of' "sex plus" based on Title VII's text, legislative history, and statutory purpose. In particular, two "race plus" approaches-"loose" and "strict"-would help resolve cases where courts otherwise fail to identify and redress intragroup race discrimination based on conduct, color, or both.