Shades of Brown: The Law of Skin Color

  title={Shades of Brown: The Law of Skin Color},
  author={Trina Jones},
  journal={Duke Law Journal},
Because antidiscrimination efforts have focused primarily on race, courts have largely ignored discrimination within racial classifications on the basis of skin color. In this Article, Professor Jones brings light to this area by examining the historical and contemporary significance of skin color in the United States. She argues that discrimination based on skin color, or colorism, is a present reality and predicts that this form of discrimination will assume increasing significance in the… 
Color bias is discrimination based on differences in skin pigmentation. Despite the plain language of the Civil Rights Act, this form of discrimination, was, for many years, either not actionable or
The color of punishment: African Americans, skin tone, and the criminal justice system
ABSTRACT Public debate and scholarly research has largely concentrated on the vast array of disparities between blacks and whites in their treatment by and experiences with the criminal justice
The Persistence of Skin Color Discrimination for Immigrants
Using data from the spouses of the main respondents to the New Immigrant Survey 2003, this paper shows that immigrants with the lightest skin color earn on average 16 percent to 23 percent more than comparable immigrantswith the darkest skin color.
Color and Class: The Promulgation of Elitist Attitudes at Black Colleges
This historical analysis uses the Black college as a lens through which to explore the often skirted issues of classism and colorism within the Black community. Blacks living in America have been the
The Future of American Blackness: On Colorism and Racial Reorganization
  • R. Reece
  • Art
    The Review of Black Political Economy
  • 2021
This manuscript leverages the plethora of research on colorism and skin tone stratification among Black Americans to consider how the “Black” racial category may change going forward. I build on
Color Crit: Critical Race Theory and the History and Future of Colorism in the United States
  • R. Reece
  • Sociology
    Journal of Black Studies
  • 2018
Critical race theory teaches that racism and racial inequality are constants in American society that stand outside of the prejudices of individuals. It argues that structures and institutions are
The Electoral Consequences of Skin Color: The “Hidden” Side of Race in Politics
Despite the significant role that skin color plays in material well-being and social perceptions, scholars know little if anything about whether skin color and afrocentric features influence
Colorism Within the Historically Black Colleges and Universities (HBCUs)
Complexion privilege and color bias have long acted in concert with racism to foster intraracial forms of stratification among African Americans such as the tendency for educational levels and other
Surviving Race
Abstract How do skin color and racial appearance affect Latinas' well-being and life chances? The author reviews the treatment of racially and ethnically different people in colonial Mexico to better
Skin Color Discrimination and Immigrant Pay
Evidence of a wage penalty to darker skin color among new legal immigrants to the United States is presented, demonstrating that discrimination on the basis of skin color is the most likely explanation of the findings.


amend. XV; see also infra note 207 (placing
  • 1981
City of Denver, 15 Empl
  • Prac. Dec. (CCH) ¶ 8000 (D. Colo
  • 1981
“Discrimination against an individual because such individual comes from a racially mixed heritage possibly is of particular relevance to the instant case [based on color].”)
  • 1959
Substantive Content of Color Claims Because Title VII and § 1981 should be read to cover color claims, the primary focus must shift to determining with greater precision the substantive content
  • 1981
Reconceputalizing the United States’s Definition of Race and Racial Classifications, 48 VAND
  • L. REV. 513,
  • 1995
the rate of interracial marriage increased about 1%, from 1.3% to 2.4
  • 1992
treating, without explanation, claims alleging race and color discrimination as race claims)
  • Masonry,
  • 1999
“On this issue, the record
  • General Fireproofing Co.,
  • 1971