| Abstrakt: |
In the Thick of Thick Accents: Employment Discrimination and the Appalachian Accent explores how courts have misinterpreted Title VII of the Civil Rights Act of 1964 to deny Appalachians legal protection remedying employment discrimination. A brief overview of the terminology, constitutional background, and legal framework needed to understand the problem of Appalachian-targeted employment discrimination, especially regarding accent discrimination, is provided. This includes an explanation of courts’ use of the term “accent” as well as background information on Title VII’s constitutionality and accent protection feature. The article focuses on Appalachian accent discrimination because Appalachians represent a distinct, historically disadvantaged group that unjustly lacks protection. Close readings of Title VII and case law demonstrate that Appalachians should be protected under the national origin prong. Analysis of statutory and case law show that the current interpretation of Title VII, as applied, is erroneous because (1) Appalachians represent a distinctive population that is discriminated against similar to other minority groups, (2) Appalachian accents are traceable to various but identifiable foreign nations of origin, and (3) courts have expanded “national origin” to include “place of origin.” These facts, when considered together, show that Appalachians should qualify under Title VII for accent discrimination protection despite misinterpretations to the contrary. To remedy this misinterpretation, two possible solutions exist. First, a judicial reinterpretation or clarification of Title VII that would result in protection of Appalachians would remedy the problem. Second, in the alternative, enactment of additional anti-discrimination legislation, such as local ordinances, would remedy the current error. [ABSTRACT FROM AUTHOR] |
