Title VII and Caste Discrimination

Abstract

Caste oppression is real and present in our midst in the United States. In the summer of 2020, several employees of large tech firms like Google, Apple, Microsoft, and Cisco came forward with harrowing tales of workplace discrimination, including being paid less, denied promotions, and mocked for their caste background. And, undoubtedly, the scourge of caste discrimination extends beyond Big Tech. While caste discrimination is in no sense new, these recent reports should serve as a needed wake-up call. Eradicating caste discrimination demands our immediate collective attention and action. As just one step in the complex and continuing fight to eradicate caste oppression, this Essay contends that caste discrimination is cognizable under Title VII of the Civil Rights Act of 1964. In particular, we argue that in light of our understanding of the caste system and the Supreme Court’s teaching in Bostock v. Clayton County, caste discrimination is a type of racial discrimination, religious discrimination, and national origin discrimination — all covered under Title VII. Recognizing caste discrimination as such provides potent tools to the relevant stakeholders to combat caste oppression. But more importantly, it also confers duties upon employers and government institutions to be vigilant in ensuring that employees are safeguarded from caste discrimination.