2 - Casting Racism

Summary

This chapter argues that casting racism is wrong and illegal under federal law. First, according to the ideal society approach, I argue that formal equality of opportunity is an essential feature of a liberal constitution. Private employers that discriminate on the basis of race violate a just constitution where society treats race as a morally irrelevant characteristic. Second, according to the actual society approach, I argue that by denying employment opportunities on the basis of race, television and movie studios further the harm of cultural imperialism. Third, I explain that racially discriminatory casting is illegal under federal law. Employers may not discriminate simply to cater to their customers’ preferences. Fourth, I discuss whether television and movie studios can avail themselves of an expressive right to discriminate under the First Amendment in order to permit this kind of racial discrimination. Fifth, in light of the argument of this chapter, I analyze a federal case where two black men sued ABC for hiring only white men for the network’s realty show - The Bachelor.