Publication Announcement: “Targeting White Supremacy in the Workplace”

Stanford Law and Policy Review will publish my article by this title.

Why does it matter? The article develops a new theory under the Ku Klux Klan Act of 1871 for suing hate groups (formal and informal) that deprive blacks, other people of color, and immigrants of rights equal to whites. The 1871 statute uses the phrase "white citizens" as a baseline for ensuring that nonwhites have the same rights.

Can you give me an example? Sure. At a large Pennsylvania steel mill a few years ago, the grand dragon of the state’s Ku Klux Klan showed a recruitment video to workers on break. The plant had numerous nooses, swastikas, and so on. The termination rate for blacks was 30%; for whites, less than 1%. The company was held liable under Title VII, an employment discrimination law. The Pennsylvania Klan has not been held responsible. My article shows lawyers how to use this 1871 law to sue leaders and “conspirators” (using the law’s terminology) who create unequal conditions between blacks and whites (again, using the law’s terminology). They can be sued for monetary damages and court orders to stop hate tactics.

What’s the goal of the paper? If the paper is used in just one case similar to the one above— these are extreme cases, not garden variety racial harassment— and if a court adopts my theory that current forms of racial intimidation are re-segregating workplaces (as in Jim Crow times), this will be a success. In other words, if a few white supremacists have to pay damages, my hope is that some racial hate groups will be deterred. 
If the article is published and ignored, it will be a failure. Time will tell.