Running head: THE AMERICAN UNDERDOG 1

The American Underdog: A Legal Analysis of the Advancement of Black Women in America

Reagan S. Hines

Legal Studies Academy, First Colonial High School

THE AMERICAN UNDERDOG 2

Abstract

The author takes a legal and analytical look at a group in American society that is often times

overlooked, black women. The history of black women in the United States and how the law

affected black women during those times is first analyzed. Followed by an outlining of the

sought after future of the group. The author then analyzes how black women advance in society

and in the workforce and then takes a comparative view on how societal and workplace

advancement are connected. This is followed by a thorough discussion and analysis of American

laws and case law, and how those outcomes have affected black women. Finally, the author

discusses possible solutions to the issue through the law and social theory that could bring the

overlooked group back into the public eye.

Keywords:​ black women, advancement

THE AMERICAN UNDERDOG 3

The American Underdog: A Legal Analysis of the Advancement of Black Women in America

A competitor thought to have little chance of winning a fight or contest; a person who

has little status in society (Oxford Dictionaries, 2017). An underdog. In America the belief is that

the nation is a melting pot, and that there are no underdogs because everyone can reach the same

goal one day. However, this is untrue. There is an American underdog: the black woman. Unable

to advance at the same pace as her peers, the American black woman finds herself at the bottom

of the American advancement totem pole, and without help, she will always be far away from

ever achieving the level of accessibility of her peers. Advancement: the process of promoting a

cause or a plan (Oxford Dictionaries, 2017). Black women: women in America of African

descent (Oxford Dictionaries, 2017). American society continues to hinder the advancement of

black women by stifling opportunities and refusing to acknowledge the group as a marginalized

minority.

History of the Problem

Before analyzing the advancement of black women in America in present times, the

history of how this marginalized group got to be where they are is vital.

Black Women in the Colonies

During slavery, the family was the smallest unit, including the mother, the father, the

children, and possibly grandparents. The wives were subordinate to their husbands, but less

strictly than in European culture ​(Colonial Williamsburg Foundation, 2017), and this idea was

continued throughout their time as slaves. Black women did the cleaning, the cooking, and light

farmwork, but still under the conditions of slavery, with little room to be more than just a slave

(Colonial Williamsburg Foundation, 2017). In colonies, such as Pennsylvania, where slavery was
THE AMERICAN UNDERDOG 4

on a decline, the situation for black women began to change (Soderlund, 1983). Black female

slaves were often owned by owners who were open to the idea of eventual freedom, and once

freed they would have access to domestic service jobs, similar to the same jobs they worked as

slaves, but still with no chance for upward mobility (Soderlund, 1983). Black women remained

at the bottom of the societal totem pole (Ostrander, 1958).

Black Women During Reconstruction

The abolition of slavery and the victory of the Union in the Civil War led to changes in

the roles of black women. When black women were enslaved, racism against them was not

published because their status of slave was enough; however, once freed, racist propaganda

based on black women helped to promote negative imagery of blacks in the south ​(Denkler,

2014)​. The question facing black women during Reconstruction was what were they going to do

now that they were free. During Reconstruction, many black people became idle and jobless, so

black women worked in many job areas, including domestic servants, maids, or sharecropping,

in order to build new lives (Denkler, 2014). To help black women build new lives and provide

for their families, the Freedmen’s Bureau played a major role. The Bureau provided food,

shelter, legal help if possible, and the means to reunite families. This was beneficial to black

women as it helped them to grow and expand their field of thought outside of slavery (Denkler,

2014). Despite these strides and attempts at upward mobility from the Freedmen’s Bureau and

from black women themselves, black women remained at the bottom of the societal totem pole

(Ostrander, 1958).

Black Women During Jim Crow

THE AMERICAN UNDERDOG 5

Jim Crow was an era when laws were passed to create a “separate but equal” status for

black people, but when practiced, instead led to the unequal treatment of blacks in society and

industry (VCU Libraries, 2017). The effects of Jim Crow dragged many black women back from

any possible progress established in previous years. For both black men and women there was a

struggle to break the social system of the south. Jim Crow prevented black women from using

their right to vote, assemble, and even of free speech (Gilmore, 2013). This stifling of the black

female voice through laws set a standard that eventually set the stage for discrimination laws that

would attempt but not completely succeed in returning these rights to black women. Jim Crow

laws kept black women at the bottom of a system, with no chance of moving up.

Black Women During Civil Rights

The Civil Rights Movement was time of change for the whole nation, especially black

women. The passing of the Civil Rights Act of 1964 ended the tradition of Jim Crow Laws, and

seemed to mend the issues black women faced prior to its passage. After the passage of the Act,

black women began to see some of their greatest income and promotion increases (MacLean,

2017). However, Civil Rights was not the end of the fight for black women (Kendi, 2017).

During the movement, advancement of black women was stifled by the “two-track welfare

state,” that favored white men and disadvantaged women completely. This disadvantage made it

difficult for black women to make appropriate use of their new income increases as the system

did not support them in their quest for aid, especially in mortgages and small business loans

(MacLean, 2017; Kendi, 2017).

Where We Are, Where We Need to Be

THE AMERICAN UNDERDOG 6

There is always room for improvement when it comes to to the betterment of a group’s

standing in society. That being said, in order to understand what to make better and how to make

it better, both the present and the past must be analyzed. The status quo is just as important as the

end goal because the end goal can only occur if improvements, which should’ve been made years

ago, begin now.

Where we are

The current state of black women is critical to discussing the advancement of black

women because it acknowledges both the progress of black women in society as well as

downfalls black women are currently facing.

Progress. ​When discussing the advancement of black women in America, it is imperative

to make sure that the progress black women have made in America is also addressed. In 1940, 60

percent of black women were domestic servants. Currently only 2.2 percent of black women are

domestic servants ​(Thernstrom & Thernstrom, 2016). This is an important achievement to note

because during the 1940s, which was during the Jim Crow Era, the only jobs black women could

get were domestic servant jobs, which emphasized their low standing in society. These jobs also

did not leave any room for promotion, so black women would do these jobs indefinitely. But

they were a step up from the slavery of the 1800s, the sharecropping of Reconstruction, and the

inability to even get a job of earlier years. Between 1940 and 1970, the life expectancy of black

women went up to almost the same as white women, and in the later end of the time period,

black women began to enroll in college at a 10 percent higher rate (Thernstrom & Thernstrom,

2016). These advancements were the steps of progress that helped to propel black women to their

positions today. However, there is still work to be done.

THE AMERICAN UNDERDOG 7

One of the solutions to help black women advance was affirmative action. However,

affirmation action proves to be inefficient and does not help. This is due to the fact that 30

percent of blacks currently live in poverty, so there is no “trickle down effect” stemming off

from affirmative action (Thernstrom & Thernstrom, 2016). This means that some black people

are using Affirmative Action and going to college, but the third of blacks living in poverty are

not going to college because affirmative action will never make its way into their neighborhoods

and communities. For black women who do make it college with or without Affirmative Action,

the system is still against them. Now, blacks and whites are almost equally as likely to go to

college, but black people are not educated the same and upon graduation will make 19 percent

less than their white counterparts (Thernstrom & Thernstrom, 2016).

Skills gaps and effects. ​Education and the development of skills is critical when it comes

to the improvement of a group's standing and ability to be successful. However, blacks and

whites are not on even playing fields in education or skills. In the year 1970, the gap between

whites and blacks in math was 4.3 years and the gap in science was 4.7 years. This excluded

black people from the rise of STEM type jobs that were becoming available because they could

not compete (Thernstrom & Thernstrom, 2016). By the year 1980 progress had been made. In

reading and math blacks were behind 2.5 years, down 1.8 from the 1970s, and in writing behind

2.1 years (Thernstrom & Thernstrom, 2016). Though there was progress made, the gap still made

it hard for black people to compete against their better educated white counterparts, leading to a

stagnation in growth. In fact, in the years after 1980 racial growth began to slow, and the

progress black people made began to slide backwards (Thernstrom & Thernstrom, 2016). This
THE AMERICAN UNDERDOG 8

made it even harder for blacks to compete against whites because as black growth slowed, white

growth only increased.

Where We Need to Be

Though black women have made progress in their journey to complete equality and

equity in advancement, there is still work to be done. This work comes in many forms across the

entirety of the nation and all social classes. The previously discussed inequality of the system of

the past has to be completely eradicated before the issue can truly be solved. The gap in progress

and the gap in skills must be resolved. That is where we need to be (Thernstrom & Thernstrom,

2016).

Advancement in Society

The issues black women face in advancement spread across many areas of life. The

issues follow black women on the streets, at the grocery store, on the bus home from work, and

all the way up to their front door. Society plays a leading role in the stagnation of the

advancement of black women.

Societal Norms

Societal norms can be defined as: the customary rules that govern behavior in groups and

societies, and are the unplanned, unexpected result of individuals' interactions (Bicchieri &

Muldoon, 2011). This means that societal norms are the reasons and interactions people have

with each other that are influenced by the culture of their environment. The most prominent

societal norm that affect black women is the societal belief that men work and women handle the

households. This means that leadership qualities and the trust put into men in society are

overlooked and disregarded when it comes to the same traits being present in women (Beckwith,
THE AMERICAN UNDERDOG 9

Carter, & Peters, 2016). This is a critical point to make because it shows the barriers put up

against black women. Because the traits that are praised in men are often times present in strong

black women it causes black women to face discrimination in the form of stereotypes.

Societal Stereotypes

Society places black women in an oppressed group, which causes black women to be

followed by negative stereotypes (Hiel, 2016). For example, a study conducted at Northeastern

University showed that a black female used as a target was received more negatively than the

white target, regardless of the information provided about either target. This study promoted the

idea that societal stereotypes undermine the advancement of black women because they are

deeply embedded in the culture (Rosenthal & Lobel, 2016). Black women are oftentimes seen in

a negative and aggressive light that travels with them through all areas of life, including into the

workforce (Beckwith, Carter, & Peters, 2016).

Advancement in the Workplace

On the surface, the American workforce is generally diverse. However, in many

positions, specifically executive ones, black women are underrepresented (Beckwith, Carter, &

Peters, 2016). This stems from many issues that continue to be overlooked by professional

workplaces. Black women in the workplace face a plethora of issues that only contribute to their

ongoing stangantion in advancement. These issues take the form of many different barriers that

all tie together to continue to isolate and hold back black women in their fight towards equity and

equality.

Underrepresentation
THE AMERICAN UNDERDOG 10

Underrepresentation is the action of being inadequately represented ​(Merriam- Webster,

2017). As stated before, the American workforce is relatively diverse; however, black women are

still underrepresented (​Beckwith, Carter, & Peters, 2016). This is seen clearly in the fact the

number of black women in executive level positions. In 2015, there were 10.2 million black

women in the workforce (U.S Department of Labor, February, 2016). Black women hold 14

percent of all managerial roles in the United States (Meyerson & Fletcher, 2000 as cited by

Beckwith, Carter, & Peters, 2016). The holding of these managerial roles is significant. Holding

a managerial role is the first step to becoming an executive and reaching the peak of

advancement (Irwin, 2016); however, despite the amount of black women in managerial roles in

the United States, black women still hold only 1.2 percent of all senior level jobs and .2 percent

of all CEO jobs (Catalyst, 2015). After Ursula Burns, CEO of Xerox from 2009-2016, stepped

down from the position, the number of black women in CEO positions dropped directly to zero

(Jones & Donnelly, 2017). Without accurate representation, there are not enough black women

working in the workforce to pave away for those on the rise.

Lack of Role Models

When it comes to changing and guiding one's career path, role models are critical

(Karsten, 2006). This is especially true for women. The lack of support from mentors when it

comes to women is a determining factor in the likelihood of advancement of women (The

Rockefeller Foundation & Global Strategy Group, May 12, 2016). The same is even more

significantly true for black women, who advance the best when they are given access to mentor

and role model programs (​Beckwith, Carter, & Peters, 2016). Role models would be significantly

beneficial to black women because oftentimes black women do not have adequate career plans,
THE AMERICAN UNDERDOG 11

which stems from a lack of opportunity and a lack of role models (Thomas, 2006 as cited by

Beckwith, Carter, & Peters, 2016). Role models would help black women establish long-term

and short-term goals that would help them continue to advance.

The lack of role models contributes to the feeling of isolation many black women in the

workforce feel. Black women are placed in positions where they are the only black people with

their job, which isolates them from their peers (Beckwith, Carter, & Peters, 2016). But the

isolation does not end there. Black women who hold their jobs by themselves have the added

pressure of being the spokesperson for both their race and their gender (Bell, 1990). This

becomes problematic when black women begin to feel as though they have to come to work

events, where they do not fit in, or risk their next promotion (Fryxell & Leme, 1989, Mizruchi,

2000, Scott, 2011). This sense of “otherness” can lead to less visibility for black women, which

then leads to lack of promotions and advancements (Catalyst, 2014). Role models would be the

key to helping black women break this sense of otherness as they would have someone there

guiding them, which is what black women need (Brown, 2004).

Workplace Norms and Stereotypes

Issues that black women face in the workplace come from and are reinforced by societal

norms (Beckwith, Carter, & Peters, 2016). In the workplace there are rules and regulations put in

place by the government that attempt to limit the effects of workplace norms, but they fail

because factors of workplace norms are deeply embedded in corporate culture (Meyerson &

Fletcher, 2000 as cited by Beckwith, Carter, & Peters, 2016). One of the biggest workplace

norms is how men facilitate workplace culture. Men write workplace policies so women are left

out (Beckwith, Carter, & Peters, 2016). This means that in the workplace the norms for
THE AMERICAN UNDERDOG 12

advancement are set by men, so men are the employees who are able to advance. ​This difference

in the number of black women who are in the workforce, that was previously mentioned, to those

in executive level positions is a direct reflection of workplace norms written by men. Because the

standards for women and norms for advancement are written by men, men are the only ones who

will ever benefit from them. There are laws that attempt to stifle this phenomena, but the

discrimination in workplace norms still continues (Hartman & Hogan, 2005 as cited by

Beckwith, Carter, & Peters, 2016).

The norms established by men in the workplace also contribute to stereotypes that

women face in the workplace. Because in society women are seen as homemakers and men as

breadwinners, those same ideals are transferred into the workforce. This causes the traits that

women have, that make them similar to men, be seen as bad and earn women negative

stereotypes, and causes their qualities to be disregarded in the workforce (Beckwith, Carter, &

Peters, 2016). In the workplace, these stereotypes influence the behavior of black female

executives (Catalyst, 2005). In order to be successful and advance in the workforce, black

women have to have male traits. For example, black women have to fight against the “think

manager, think male stereotype” (Hoyt & Blascovich, 2007) idea. Black women know this

mindset exists, so to combat it black women begin to think that in order to be productive, they

have to have male traits (Hoyt & Blascovich, 2007). This leads to one of the biggest stereotypes

black women face in the workplace: aggressive. Black women are considered aggressive in the

workplace, which does not in any way differ from the way men are viewed in the workplace, but

is criticized severely (Collins 2000). This criticism is the direct effect of the stereotypes and

double standards placed against black women in the workforce. There is no way for a black
THE AMERICAN UNDERDOG 13

woman to still advance without conforming to this stereotype because for black women success

and advancement does not come without aggression (Scott, 2011​).

Glass Ceiling vs. Concrete Ceiling

Women in workplaces are typically described as facing the “glass ceiling.” This is an

artificial barrier that prevents individuals from advancing upward in corporate positions (U.S

Dept. of Labor, 1991). A woman can break the glass ceiling through effort and determination or

through the breakdown of previously stagnating workplace factors. However, this concept of

breaking the glass ceiling only applies to white women ​(Tulshyan, 2015)​. Black women face a

phenomenon known as the concrete ceiling. The concrete ceiling can be defined as a barrier to

black women that limits their ability to ascend and co-exist in corporations ​(Beckwith, Carter, &

Peters, 2016). According to Annalisa Adams- Qualtiere (2016), a leader in human resources for

Jabil Circuit Inc., when black women face a concrete ceiling they need a door and people on the

other side of the door as well to help them. For the black women who get a door, there’s hardly

ever anyone on the other side to help them. And for the majority of black women, there is no

door, and there is no person on the other side to help. Black women cite stereotypes and lack of

diversity initiatives as what the concrete ceiling is made of ("Women of Color Report a

"Concrete Ceiling" Barring Their Advancement in Corporate America," 1999).

The reason why black women can not break through this concrete ceiling is not because

they are not trying. In fact, black women have made large efforts and improvements in their level

of success. The issue is that there is not enough empowerment for black women in the workforce

(Babers, 2016). Though both the glass ceiling and the concrete ceiling are barriers to female

advancement there are many differences. The glass ceiling typically only restricts white women
THE AMERICAN UNDERDOG 14

going after executive level jobs, whereas the concrete ceiling restricts and limits access for black

women to executive positions and mid-level positions ("Concrete Ceiling, Definition(s) of,"

2017.). Another difference is seen in how policies have affected the role of both ceilings. The

glass ceiling has been weakened by the implementation of policy (Moore, M. & Jones, J., 2001).

However, regardless of the policies proposed and implemented to help break the concrete

ceiling for black women, the barrier is still there, as strong as ever (Ayman, 1997 as cited by

Moore, M & Jones, J, 2001).

Legal Role

Sex and Race Together, An Issue Black Women Face

Black women face discrimination in ways that do not fit in the categories of just racism

or just sexism, instead both at the same time. However, the legal system defines sexism as

discrimination against all women and racism and racism the discrimination against all people of

color including those not black. This means black women are invisible in the legal system

(Smith, 2010). This call for the analysis of discrimination cases against black women as a

marginalized group is not a new idea.

DeGraffenreid v. General Motors. ​The case of ​DeGraffenreid v. General Motors​, was

filled by five black women in 1976. Prior to 1964 General Motors had failed to hire any black

women, until the passage of the Civil Rights Act. However, after 1970 all the black women hired

lost their jobs during the recession. This caused five black women to argue that the layoff that

followed the “last hired- first fired” practice discriminated against black women on the basis of

race and sex. The court did not allow the women to argue sex and race discrimination together

due to the fact that it would case a “super-remedy” that would relieve their issues past what they
THE AMERICAN UNDERDOG 15

were (Crenshaw, 1989). The idea of a new classification for black women on the basis of race

and sex was shot down.

The refusal by this court to acknowledge both sex and race discrimination faced by black

women highlights another key point. It implies that sex and race discrimination are based on the

white woman’s and the black man's experiences (Crenshaw, 1989). Because the black woman is

neither a white woman or a black man, the legal system forces her to choose which experience

she faces and disregard completely the effects of the other. By basing discrimination on the

experiences of a group's that do not overlap, black women are left somewhere in the middle,

forcing them to choose.

Jefferies v. Harris County Community Action Association. ​ A young black

woman, Jefferies, believes that her employer, the Harris County Community Action Association

(HCCAA), discriminates against her on the basis of race and sex. These charges originated when

she applied for a promotion but was not chosen. Instead of choosing Jefferies, the HCCAA chose

a black man and a white woman. After the hiring of the black man and white woman instead of

her, Jefferies bought the discrimination to the attention of the Chairman of HCCAA Personnel

committee. However, the Chair took Jefferies actions as being against the interests of the

organization and terminated her. Jefferies took her discrimination charges to court. She charged

the HCCAA with race discrimination, sex discrimination, and retaliatory firing ​(Dafro M.

Jefferies, Plaintiff-Appellant v. Harris County Community Action Association et al.,

Defendants-Appellees).

The district court dismissed all of her claims, so Ms. Jefferies appealed the decision. At

appellate court, Ms. Jefferies argued that the district court was incorrect on all 3 of her previous
THE AMERICAN UNDERDOG 16

charges and that she failed to get due proper due process under the law ​(Dafro M. Jefferies,

Plaintiff-Appellant v. Harris County Community Action Association et al.,

Defendants-Appellees)​.

The appeals court agreed that she failed to prove race discrimination because a black man

was hired. On the claim of sex discrimination, the appeals court said that the district court did not

articulate its reasons for not agreeing well enough. The appeals court felt as though the district

court was wrong in failing to look at her case as both race and sex discrimination together,

because her being a black woman puts her in another minority group. In regards to Ms. Jefferies

claim that she was fired in retaliation, the appeals court held that she was not fired in retaliation

because the employer made a mistake in thinking that what she did violated policy. The appeals

court affirmed the district court's opinion that no discrimination played a role in her discharge.

The appeals court did not decide on her claim of failure to get due process because it was never

argued in the initial trial. The case was then sent back to the district court to be decided based on

their suggestions. The district court reviewed the case and determined that they were incorrect in

failing to look at her case on a basis of sex and race. In doing so, the court decided that she was

not discriminated against based on race or sex because a black man and a white woman were

hired, which includes both of Jefferies’ marginalized groups, female and black, though not

together ​(Dafro M. Jefferies, Plaintiff-Appellant v. Harris County Community Action

Association et al., Defendants-Appellees)​.

This case provides an excellent example of the type of discrimination black women face

in the workplace. Black women are not only black, nor are they just women. When the appellate

court addresses the district court's failure to take into account Jefferies’ claims of sex and race
THE AMERICAN UNDERDOG 17

discrimination as one, the court emphasizes the idea that discrimination can happen in the

workplace without there being discrimination against white women or discrimination against

black men. This a critical point to make because it lends itself to the idea that black women are

their own group that cannot be pushed under another. The appellate court in ​Jefereises v.

HCCAA​ articulated this concept and how the acceptance of it could benefit black women,

“recognition of black females as a distinct protected subgroup for purposes of the prima facie

case and proof of pretext is the only way to identify and remedy discrimination directed towards

black females” ​(Dafro M. Jefferies, Plaintiff-Appellant v. Harris County Community Action

Association et al., Defendants-Appellees)​. Simply put, this establishes the legal idea that black

women are a separate group from women in general and black people in general, and their claims

of discrimination must be evaluated based on the fact that they are marginalized group that can

face discrimination in two different ways that must be evaluated together. Failure to recognize

black women as a marginalized group when analyzing discrimination faced in the workplace

affects their position in the workplace by putting them at a disadvantage when it comes to

discrimination in other marginalized groups. This disadvantage in the workplace translates into

social life and vice versa, because as previously shown, advancement in the workplace and

advancement in society are directly related.

American Law

In the United States of America there are many laws in place with the goal of

safeguarding minority groups from the possible wrongdoings of the majority. American law for

discrimination is outlined in Title VII of the Civil Rights Act of 1964. The act prohibits

“...discrimination based on race, color, religion, sex, or national origin…” (H.R. 7152, 1964).
THE AMERICAN UNDERDOG 18

This is the only law the United States has officially covering discrimination, and it does not

acknowledge the differences or marginalized groups included in race, color, religion or sex. This

proves problematic because, as mentioned before, this excludes black women as whole, who face

more than just one type of discrimination. In order, to adequately address the problems of

discrimination black women face that prohibits them from advancing in American society, laws

have to be enacted that acknowledge them as their own marginalized group (Jordan-Zachery,

2007).

Issues with the Law

The law proves to be problematic because it does not protect a group of Americans that

are marginalized and it fails to even acknowledge the group as being marginalized and worthy of

its our protection laws.​ ​Ms. Wanda Cooper, a Virginia Beach, Virginia black female attorney

outlines this issue in an October 2017 interview. Aside from her own issues in advancing

including facing the aforementioned stereotypes, workplace norms, and lack of role models, Ms.

Cooper (2017) outlines the idea that discrimination against black women should legally be

determined through an analysis of race and sex discrimination together. “Black women have two

strikes against them, discrimination has to and should be determined based on sex and race

together” (W. Cooper, Personal communication, October 24, 2017). She follows by outlining the

fact that the law is not specific enough to protect black women because black women are not

recognized as a marginalized group. “The law is not protecting black women and lawyers are not

protecting black women because they argue discrimination based on sex simply because it's

easier to prove” (W. Cooper, Personal communication, October 24, 2017). When asked what

could be done to further protect and help black women advance, Ms. Cooper answered simply,
THE AMERICAN UNDERDOG 19

black women need an “equal playing field with more black women in senior leadership roles”

and the law has to protect black women (W. Cooper, Personal communication, October 24,

2017).

Possible Solutions

Intersectional Feminism

Feminism is the the theory of the political, economic, and social equality of the sexes

(Merriam- Webster, 2017). This a commonly known idea in contemporary society. The issue

with feminism on its own is the fact that it is a largely white movement that does not always

include other minority groups (Bates, 2017). An example of this is Betty Friedan’s The Feminine

Mystique (1963), which outlines the idea that women, white women, should be able to move

outside of the household for jobs (Smith, 2010). However, when the word intersectional is

applied to feminism this idea changes. Intersectional can be defined as “the interconnected nature

of social categorizations such as race, class, and genders as they apply to a given individual or

group, regarded as creating overlapping and interdependent systems of discrimination or

disadvantage” (Crenshaw, 1989). Adding intersectionality to feminism makes the movement

inclusive. Intersectional feminism serves the purpose of simply providing a voice to everyone,

not just white women (Hawk, 2016). According to Crenshaw (1989), intersectionality is “the

idea that we experience life, sometimes discrimination, sometimes benefits, based on a number

of identities.” This idea was discovered while analyzing how black women are discriminated

against for both sex and race (Hawk, 2016). Intersectionality is another way to say that black

women, and other minorities, face discrimination in other ways than just sex (Crenshaw, 1989).
THE AMERICAN UNDERDOG 20

Womanism. ​Intersectional feminism gave birth to subsets of intersectional feminism:

womanism and Black Feminist Theory. Womanism is a form of feminism focused especially on

the conditions and concerns of black women ​(Merriam- Webster, 2017). Womanism is not a

means of separation or exclusion for black women from feminism, rather “womanist is to

feminist as purple is to lavender” (Walker, 1985). Simply put, womanism is a safe haven for

black women from the issues of white feminism that they cannot and will not ever be able to

relate to (Walker, 1985). Womanism serves the purpose of connecting black women to each

other through a form of intersectional feminism that serves only to lift fellow black women up

and fight for the equal rights and fair advancement of the group (Hawk, 2016).

Black Feminist Theory. ​Black Feminist Theory is connected to womanism. Black

Feminist Theory comes from the marginalization of black women, and focuses on the

intersection of race and gender, as well as recognizes the oppression that comes from gender and

race as social constructs that affect black women’s advancement and experiences (Harris, 2007

as cited by Hague & Okpala, 2017). Both Black Feminist Theory and womanism are solutions to

the issue of the advancement of black women in America because they allow black woman a

voice, and the acceptance of the two ideas throughout American society will ease the race and

gender discrimination black women face, thus helping them move past those barriers and

advance the same as majority groups in America (Crenshaw, 1989; Jordan-Zachery, 2007;

Hawk, 2016).

Classification of Black Women as Minority in the Law

As already analyzed in ​DeGraffenreid v. General Motors, ​ ​Jefferies v. HCCAA​, and Alex

Walker (1985), black women have to be recognized as a marginalized group because they face
THE AMERICAN UNDERDOG 21

both race and sex discrimination together. As previously stated and porven in the analysis of both

DeGraffenreid v. General Motors ​and ​Jefferies v. HCCAA​, ​failure to recognize black women as a

marginalized group when analyzing discrimination faced in the workplace affects their position

in the workplace by putting them at a disadvantage when it comes to discrimination in other

marginalized groups. This disadvantage in the workplace translates into social life and vice

versa, because as previously shown, advancement in the workplace and advancement in society

are directly related. The classification of black women as a minority group in the law is

mandatory and a solution to the issue of advancement because it takes into account all of the

issues black women face (Crenshaw, 1985; ​W. Cooper, Personal communication, October 24,

2017; Jordan-Zachery, 2007).

Conclusion

Throughout history, black women have been the underdog of American society:

mistreated in colonial times, mistreated during reconstruction, and barely benefitting from the

Civil Rights Movement. Continuing on through present times, black women have repeatedly

been given the short end of the stick. Though there has been improvement in the status of black

women in recent decades, there is still work to be done. Advancement in society for black

women is crippled by societal norms and stereotypes that only transfer into the workforce and

continue to stifle the advancement of black women in America through underrepresentation,

workplace norms, stereotypes, and the concrete ceiling. The American legal system fails black

women by refusing to acknowledge the fact that black women face both race and sex

discrimination together, which leads to the refusal of the legal system to even acknowledge the

group as a marginalized minority. Despite this refusal, the acceptance of intersectional feminism,
THE AMERICAN UNDERDOG 22

womanism, Black Feminist Theory, and the legal classification of black women as a minority

group are possible solutions. American society continues to hinder the advancement of black

women by stifling opportunities and refusing to acknowledge the group as a marginalized

minority. The American Underdog, the black woman, deserves her chance at the American

dream.

References

1 Kings. (2017). In ​King James Version​. Retrieved from

https://www.bible.com/bible/1/1KI.10.kjv

Aapolloni, A. (2016, October 17). Writing About African Women's History. Retrieved from

https://csw.ucla.edu/2016/10/14/writing-african-womens-history/
THE AMERICAN UNDERDOG 23

Abdulaali, W. (2012). Echoes of a Legendary Queen. Retrieved from

https://bulletin.hds.harvard.edu/articles/summerautumn2012/echoes-legendary-queen

Adi, H., & Shahadah, A. (2008). Africa before the transatlantic slave trade. Retrieved from

http://www.africanholocaust.net/news_ah/africa%20before%20slavery.htm

Babers, J. (2016, April 20). For Women of Color, the Glass Ceiling is Actually Made of

Concrete. Retrieved from

https://www.huffingtonpost.com/jasmine-babers/for-women-of-color-the-gl_b_9728056.

html

Bachman, E. (2017, October 10). "Concrete ceiling" In Corporate America Remains For Women

Of Color [VIDEO]. Retrieved from

https://www.natlawreview.com/article/concrete-ceiling-corporate-america-remains-wome

n-color-video

Bates, K. G. (2017, January 21). Race and feminism: Women's march recalls the touchy history.

Retrieved from

https://www.npr.org/sections/codeswitch/2017/01/21/510859909/race-and-feminism-wo

mens-march-recalls-the-touchy-history

Beckwith, A. L., Carter, D. R., & Peters, T. P. (2016, June). The Underrepresentation of African

American Women in Executive Leadership: What's Getting in the Way? ​Journal of

Business Studies Quarterly,​ ​7​(4), 115-134. Retrieved October 2, 2017, from ProQuest

Central K-12.

Bicchieri, C., & Muldoon, R. (2011, March 01). Social Norms. Retrieved from

https://plato.stanford.edu/entries/social-norms/
THE AMERICAN UNDERDOG 24

Bowleg, L. (2012, July). The Problem With the Phrase ​Women and Minorities:

Intersectionality—an Important Theoretical Framework for Public Health. Retrieved

from https://www.ncbi.nlm.nih.gov/pmc/articles/PMC3477987/

Busch, G. K. (2017). The forgotten history of African women. Retrieved from

http://www.nigeriavillagesquare.com/dr-gary-k-busch/the-forgotten-history-of-african-w

omen.html

Code of Virginia Chapter 3: Protection of Employees § 40.1-51.2:2. Remedy for discrimination.

Code of Virginia Chapter 30: Eastern Virginia Medical School § 23.1-3011. Discrimination

prohibited.

Code of Virginia Chapter 39: Virginia Human Rights Act §2.2-3901

Code of Virginia Chapter 5: Equal Credit Opportunities § 6.2-501. Prohibited discrimination.

Colonial Williamsburg Foundation. (2017). The African American family. Retrieved from

http://www.history.org/almanack/life/family/black.cfm

Concrete Ceiling, Definition(s) of. (2017). Retrieved from

https://workfamily.sas.upenn.edu/glossary/c/concrete-ceiling-definitions

Cooper, W. (2017, October 24). Interview with Ms. Wanda Cooper: Advancement of black

women in America [Telephone interview].

Council for the Development of Social Science Research in Africa. (2009). Writing the History

of Women in Africa: Past, Present and Future. Retrieved from

http://www.codesria.org/spip.php?article337
THE AMERICAN UNDERDOG 25

Crenshaw, K. (1989). Demarginalizing the intersection of race and sex: A black feminist critique

of antidiscrimination doctrine, feminist theory and antiracist politics. Retrieved from

http://chicagounbound.uchicago.edu/cgi/viewcontent.cgi?article=1052&context=uclf

Crespo, M. (2010, July 3). Black women during slavery, reconstruction, and Jim Crow.

Retrieved from

https://glc.yale.edu/outreach/teaching-resources/teacher-professional-development-progra

ms/past-teacher-development-7

Dafro M. JEFFERIES, Plaintiff-Appellant v. HARRIS COUNTY COMMUNITY ACTION

ASSOCIATION et al., Defendants-Appellees. (United States Court of Appeals, Fifth

Circuit April 21, 1980), U.S Google Scholar 77-1848.

Denkler, A. (2014, April 08). African-american women in reconstruction in the shenandoah

valley. Retrieved from http://journals.openedition.org/nuevomundo/66627?lang=en

Duke University Libraries. (2016, June 21). African american women's history resources at

rubenstein library: Civil war & reconstruction. Retrieved from

https://guides.library.duke.edu/c.php?g=289647&p=1933846

Educational Broadcasting Corporation. (2005). The Queen of Sheba. Retrieved from

http://www.pbs.org/mythsandheroes/myths_four_sheba.html

Gilmore, G. (2013, April). Gender and Jim Crow women and the politics of white supremacy in

North Carolina, 1896-1920. Retrieved from

http://www.washingtonpost.com/wp-srv/style/longterm/books/chap1/genderandjimcrow.

htm
THE AMERICAN UNDERDOG 26

Gilmore, G. E. (2013). Gender and Jim Crow. Retrieved from

https://www.uncpress.org/book/9780807845967/gender-and-jim-crow/

Gregory, R. F. (2003). ​Women and Workplace Discrimination: Overcoming Barriers to Gender

Equality​. Rutgers University Press.

Hague, L. Y., & Okpala, C. O. (2017). Voices of African American Women Leaders on Factors

that Impact their Career Advancement in North Carolina Community Colleges. Retrieved

October 25, 2017, from

http://digitalcommons.uncfsu.edu/cgi/viewcontent.cgi?article=1122&context=jri

Hawk, T. (2016, July 26). What is "Intersectional Feminism"? Retrieved from

https://denison.edu/academics/womens-gender-studies/feature/67969

Hiel, K. (2016). The influence of society 's perceptions and stereotypes on African American

women aministrators' leadership practices. Retrieved from

http://repository.stcloudstate.edu/cgi/viewcontent.cgi?article=1016&context=edad_etds

How Hens Are Confined. (2010, August 14). Retrieved from

http://www.nytimes.com/interactive/2010/08/15/weekinreview/15marsh-grfk.html?ref=w

eekinreview

H.R. 7152, 88th Cong., Clerk of Congress (1964) (enacted).

International Slavery Museum. (2017). Africa before european slavery. Retrieved from

http://www.liverpoolmuseums.org.uk/ism/slavery/africa/

Irwin, N. (2016, September 09). How to Become a C.E.O.? The Quickest Path is a Winding One.

Retrieved from
THE AMERICAN UNDERDOG 27

https://www.nytimes.com/2016/09/11/upshot/how-to-become-a-ceo-the-quickest-path-is-

a-winding-one.html

(JOE), T. J. (n.d.). Cracking the Concrete Ceiling: Inquiry into the Aspirations, Values, Motives,

and Actions of African American Female 1890 Cooperative Extension Administrators.

Retrieved from https://www.joe.org/joe/2001december/rb1.php

Jones, S., & Donnelly, G. (2017, June 20). Only 1 In 5 New Board Appointees At Fortune 500

Companies Are Not White. Retrieved from

http://fortune.com/2017/06/19/one-in-5-fortune-500-board-appointees-last-year-was-from

-an-underrepresented-group/

Jordan-Zachery, J. (2007). ​Am I a Black Woman or a Woman Who Is Black? A Few Thoughts on

the meaning of intersectionality​ [PDF]. Howard University.

Karsten, M. F. (2006). ​Gender, race, and ethnicity in the workplace. issues and challenges for

today's organizations: Management, gender, and ethnicity in the United States​ (Vol. 1).

Westport, CT: Praeger.

Kendi, I. X. (2017, July 02). Analysis | The Civil Rights Act was a victory against racism. But

racists also won. Retrieved from

https://www.washingtonpost.com/news/made-by-history/wp/2017/07/02/the-civil-rights-a

ct-was-a-victory-against-racism-but-racists-also-won/?utm_term=.3a497778ed4f

MacLean, N. (2017). The Civil Rights Movement: 1968—2008. Retrieved from

http://nationalhumanitiescenter.org/tserve/freedom/1917beyond/essays/crm2008.htm

Martin, R. (2015, February 08). Black and female in jim crow era, A reporter in 'Jam! on the

vine'. Retrieved from

THE AMERICAN UNDERDOG 28

https://www.npr.org/2015/02/08/384695774/black-and-female-in-jim-crow-era-a-reporter

-in-kansas-citys-vine

Matthew. (2017). In ​King James Version​. Retrieved from

https://www.bible.com/bible/1/MAT.12.kjv

McGirt, E. (2017, September 27). The Black Ceiling: Why African-American Women Aren't

Making It to the Top in Corporate America. Retrieved from

http://fortune.com/2017/09/27/black-female-ceos-fortune-500-companies/

Merriam- Webster. (2017). Feminism. Retrieved from

https://www.merriam-webster.com/dictionary/feminism

Merriam- Webster. (2017). Womanism. Retrieved from

https://www.merriam-webster.com/dictionary/womanism

Merriam- Webster, Inc. (2017, December 11). Underrepresented. Retrieved from

https://www.merriam-webster.com/dictionary/underrepresented

N. (1999, July 13). Women of Color Report a "Concrete Ceiling" Barring Their Advancement in

Corporate America. Retrieved from

http://www.catalyst.org/media/women-color-report-concrete-ceiling-barring-their-advanc

ement-corporate-america

Ostrander, G. (1958). The social structure of early massachusetts. Retrieved from

http://www.americanheritage.com/content/social-structure-early-massachusetts

Oxford Dictionaries. (2017). Advancement | Definition of advancement in English by Oxford

Dictionaries. Retrieved from https://en.oxforddictionaries.com/definition/advancement

THE AMERICAN UNDERDOG 29

Oxford Dictionaries. (2017). Underdog | Definition of underdog in English by Oxford

Dictionaries. Retrieved from https://en.oxforddictionaries.com/definition/underdog

Piazza, J. (2016, September 27). Women of Color Hit a 'Concrete Ceiling' in Business. Retrieved

from

https://www.wsj.com/articles/women-of-color-hit-a-concrete-ceiling-in-business-147496

3440

The Rockefeller Foundation, & Global Strategy Group. (2016, May 12). ​Women in leadership:

Why it matters​.

Rosenthal, L., & Lobel, M. (2016). Stereotypes of black American women related to sexuality

and motherhood. ​Sage Journals: Psychology of Women Quarterly​. Retrieved December

19, 2017, from

http://journals.sagepub.com/doi/abs/10.1177/0361684315627459?journalCode=pwqa

Scelfo, J. (2017, January 16). MLK Day: Meet Ella Baker, Mother of Civil Rights Movement.

Retrieved from http://time.com/4633460/mlk-day-ella-baker/

Shanker, D. (2013, May 22). Women are breaking through the 'concrete ceiling'. Retrieved from

http://fortune.com/2013/05/22/women-are-breaking-through-the-concrete-ceiling/

Smith, S. (2010). Black feminism and intersectionality. Retrieved from

https://isreview.org/issue/91/black-feminism-and-intersectionality

Soderlund, J. R. (1983). ​Black women in colonial Pennsylvania​ [PDF].

Thernstrom, A., & Thernstrom, S. (2016, July 28). Black Progress: How far we’ve come, and

how far we have to go. Retrieved September 26, 2017, from

THE AMERICAN UNDERDOG 30

https://www.brookings.edu/articles/black-progress-how-far-weve-come-and-how-far-we-

have-to-go/

Traister, R. (2011, January 22). Mad women. Retrieved from

http://www.nytimes.com/2011/01/23/books/review/Traister-t.html

Tulshyan, R. (2015, October 07). Speaking Up as a Woman of Color at Work. Retrieved from

https://www.forbes.com/sites/ruchikatulshyan/2015/02/10/speaking-up-as-a-woman-of-c

olor-at-work/#2e6dc4372ea3

U.S Department of Labor. (2016, February). ​Black Women in the Labor Force​ [PDF]. U.S

Department of Labor.

VCU Libraries. (2017, October 23). Jim Crow laws and racial segregation. Retrieved from

https://socialwelfare.library.vcu.edu/eras/civil-war-reconstruction/jim-crow-laws-andraci

al-segregation/

Walker, A. (1985). ​In search of our mother's gardens: Womanist prose​. London: Women's press.

Watson, B. (2013, August 27). Honor the dream by honoring the women of the movement.

Retrieved from

https://www.washingtonpost.com/blogs/she-the-people/wp/2013/08/27/honor-the-dream-

by-honoring-the-women-of-the-movement/?utm_term=.0523bfcc4a4f

Why so few black women are in senior management in 2015. (n.d.). Retrieved from

http://fortune.com/2015/04/22/black-women-leadership-study/

Wingfield, M. M. (2016, July 28). Getting More Black Women into the C-Suite. Retrieved from

https://hbr.org/2016/07/getting-more-black-women-into-the-c-suite
THE AMERICAN UNDERDOG 31

Yi, X. (2013). The role of African American women in the Civil Rights Movement. Retrieved

from

http://ervin062.web.unc.edu/legal-and-cultural-analysis/role-african-american-women-civ

il-rights-movement/