1158) and the restorative goals and effects of what is too often written off as discriminatory, “special” treatment or racial favoritism. Professor Zatz walks his readers through various scenarios that aim to highlight that the beneficiaries of the “special treatment” decried too readily by many are not benefiting because of their race, but because they have been discriminated against because of their race. His eloquent, well-reasoned analysis of an issue and arguments all too often glossed over in debates over affirmative action isolates and crystallizes precisely why affirmative action should not be blindly relegated to the realm of racial favoritism.

Professor Zatz then observes that the work of trying actively to avoid the disparate treatment of employees can, itself, often be deemed special treatment. This, however, stems from a “failure to acknowledge the relevant nondiscriminatory baseline,” (p. It also means being vigilant about distinguishing legitimate, goal-advancing interventions-that many are quick to dismiss as special treatment-from “raw redistribution.” Ultimately, Professor Zatz concludes, a “ailure to appreciate the remedial context” of affirmative action is precisely what will engender “reckless accusations of ‘special treatment.’” (P. This eyes-on-the prize approach means endorsing proactive steps that can be taken not only by the courts, but by employers to preempt discrimination.

1157) meaning confronting these accusations and keeping the law’s (and our) focus on the avoidance of disparate treatment without obsessing over whether this might necessarily invite or involve some special treatment. He proceeds to take issue with the notion that disparate treatment law ought to be color and status-blind, citing the law of affirmative action in particular, and noting that “rather than retreat from ‘special treatment accusations,’” those who wish to preserve and strengthen civil rights laws and protections ought to “name it and claim it,” (p. Zatz laments the defensive posture assumed by those on the vanguard of civil rights activism and litigation when, in his own words, “the best defense of civil rights law requires a strong offense.” (P. Among the most innovative pieces is Professor Noah Zatz’s Special Treatment Everywhere, Special Treatment Nowhere, 95 B.U. This year’s law and scholarship of employment discrimination has invited critical thought, new strategies, and rethinking of traditional legal methods like never before.

Preferential treatment at work