Tanya Hernandez | Fordham University (original) (raw)

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Papers by Tanya Hernandez

Latin American and Caribbean Ethnic Studies

Latino Studies

The contributors to this edited volume by mostly young Millennial and Generation X Caribbean Lati... more The contributors to this edited volume by mostly young Millennial and Generation X Caribbean Latinos, who mostly define themselves as non-white or “black,” discuss the issue of white Latino privilege as it operates in the United States, the Spanish-speaking Caribbean and the rest of Latino America with a focus on academia, politics, family relations, dating, housing and other areas in addition to advertising, fashion, television, film, marketing and media in general.

Brandeis J Fam L, 1997

The public dissemination of census data invites battles over how human beings will be known.' One... more The public dissemination of census data invites battles over how human beings will be known.' One census battle that has been at the forefront of the public debate is the demand for a "multiracial" category.' The multiracial classification, as proposed, would be one of the race categories a respondent could choose in lieu of those currently listed by the Office of Management of Budget (OMB):

The Yale Law Journal

During the Senate confirmation hearings for Justice Sonia Sotomayor, concerns were persistently r... more During the Senate confirmation hearings for Justice Sonia Sotomayor, concerns were persistently raised about her ability to be impartial. In this Essay, Professor Hernández argues that the Supreme Court's race-related jurisprudence illuminates Justice Sotomayor's continued commitment to her stated judicial philosophy of "fidelity to the law." The record suggests that Justice Sotomayor has not sought to unilaterally impose her own personal racial policy preferences, but has instead worked as a team player to scrupulously apply legal precedents, rules of standing, and congressional intent. During the Senate confirmation hearings for Justice Sonia Sotomayor, concerns were persistently raised about her ability to be impartial given her statement, in a 2001 speech entitled "A Latina Judge's Voice," that she "would hope that a wise Latina woman with the richness of her experiences would more often than not reach a better conclusion than a white male wh...

Medium.com, 2021

OpEd on Attack on CRT

When Frederick Douglass married a white woman (fellow abolitionist and feminist Helen Pitts) his ... more When Frederick Douglass married a white woman (fellow abolitionist and feminist Helen Pitts) his interracial marriage created great controversy. It was immaterial that Douglass had white ancestry himself. As a mixed-race person, society viewed Douglass as inappropriate for a white partner as a black person without white ancestry. Douglass’s mixed-race status did not alter his experience of racial discrimination. This is still true for mixed-race persons today. In my own exhaustive review of discrimination cases in a variety of contexts like the workplace, educational settings, housing rentals, access to public accommodations, jury service, and the criminal justice system, the cases demonstrate that racially-mixed persons continue to experience discrimination today. Unfortunately, the growth of a multiracial-identified population does not portend the end of racism but rather a broader landscape for imposing difference.

The presence of fluid mixed-race racial identities within allegations of employment discriminatio... more The presence of fluid mixed-race racial identities within allegations of employment discrimination leads some legal commentators to conclude that civil rights laws are in urgent need of reform. The article disputes that premise and concludes that the multiracial discrimination cases highlight the continued need for attention to white supremacy and for fortifying the focus of civil rights law on racial privilege and the lingering legacy of bias against non-whites.

The role of Latino/a racial identity is a missing piece of the picture that serves to question th... more The role of Latino/a racial identity is a missing piece of the picture that serves to question the real rate of intermarriage in the United States.

A growing number of commentators view discrimination against multiracial (racially-mixed) people ... more A growing number of commentators view discrimination against multiracial (racially-mixed) people as a distinctive challenge to racial equality. This perspective is based on the belief that multiracial-identified persons experience racial discrimination in a manner that makes it necessary to reconsider civil rights law. This essay disputes that premise and deconstructs its Personal Identity Equality approach to anti-discrimination law and demonstrates its ill effects reflected in Supreme Court affirmative action litigation.

Daily News Op Ed on 50th anniversary of Loving v. Virginia

A statistical analysis of 120 survey responses from sexual harassment victims suggests that White... more A statistical analysis of 120 survey responses from sexual harassment victims suggests that White women and Women of Color may differ in their uses of internal complaint procedures. Specifically, White women in the study informed their supervisors and human resources representatives of their sexual harassment experiences at statistically greater rates than Women of Color in the study. The racial disparity is particularly worrisome in light of recent Supreme Court decisions tying employer liability to the use of internal complaints procedures. If the survey respondents track the general population of Women of Color who are disinclined to use internal complaints procedures, then Women of Color will be more limited by the Supreme Court jurisprudence than White women.

Maryland Law Review, 1998