Denver Law Review Volume 93 Issue 1 Article 2 December 2020 Branding Identity Kate Sablosky Elengold Follow this and additional works at: https://digitalcommons.du.edu/dlr Recommended Citation Kate Sablosky Elengold, Branding Identity, 93 Denv. L. Rev. 1 (2015). This Article is brought to you for free and open access by Digital Commons @ DU. It has been accepted for inclusion in Denver Law Review by an authorized editor of Digital Commons @ DU. For more information, please contact
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[email protected]. BRANDING IDENTITY KATE SABLOSKY ELENGOLDt ABSTRACT The Civil Rights Act of 1964 protects against discrimination on the basis of race, color, religion, sex, or national origin-the so-called "pro- tected classes." To make out a successful civil rights claim under the current legal structure, a plaintiff must first identify the protected class under which her claim arises (i.e., race or religion). She must then identify a subclass of that protected class (i.e., African American race or Christian religion) and assert that, due to her membership in or relation- ship to that subclass, she was treated differently in violation of the law. This Article explores the disconnect between self-identity and perceived identity in the context of assigning membership in protected classes and subclasses. Specifically, it analyzes the tension inherent in the protected class deemed "color." By tracing the relevant legislative history of the Civil Rights Act of 1964 and the jurisprudence that has developed in the wake of its passage, this Article provides critical historical context for how identity has been assigned in civil rights jurisprudence.