A recent article in The Atlantic, "The Nation’s First Civil-Rights Law Needs to Be Fixed," referenced scholarship on lawful discrimination by Professor Suja Thomas. Her article, "The Customer Caste: Lawful Discrimination by Public Businesses," argues that despite the end of Jim Crow in the 1960s, judicial interpretation of civil rights laws have created a "customer caste" that allows for continued discrimination against people of color by public businesses.
Read the Atlantic piece.
Read the full Thomas article at ssrn.com.