THE JURISPRUDENCE OF RACE AND MERITOCRACY - STANDARDIZED TESTING AND RACE-NEUTRAL RACISM IN THE WORKPLACE

This article examines the jurisprudentiai interrelationships between t he concept of ''merit,'' the tradition of legal individualism, and var ious doctrines of employment discrimination law. Specifically, we revi ew evidence of continuing racial disparities in income and employment that have persisted despite decades of litigation to reduce or elimina te them. We argue that the unique jurisprudential role played by the c oncept of merit has undermined legal attempts to address the structura l causes of racial discrimination in the workplace. We further suggest that the use of standardized employment tests and the nature of the l egal doctrines that govern their use reflect certain outmoded meritocr atic assumptions that, by individualizing the nature of racial dispari ty, contribute to continuing group disadvantage in the workplace.