ABSTRACT

In this chapter, we explore the challenges and complexities faced by individuals and groups and their advocates who have sought, and continue to seek, redress for racism—specifically, racial discrimination and harassment—and their resultant harm and injury. We begin by briefly reviewing the history and foundational aspects of racism—including individual and group attitudes as well as government facilitation of and complicity in institutionalizing racism—as barriers to the pursuit of legal redress in the United States. We then provide examples of areas of policy and law in which racism continues to exist, including housing, employment, and education; including summaries of related cases and court decisions. We see and describe the difficulty of achieving redress for racism as deep-seated, with barriers in four areas and examples of each: attitudinal, historical (amnesia and denial), social and structural, and legal-procedural.