Figure 9.2 Title VII cases won and lost by persons of African ancestry, by area of geographic
origin, between 1975 and 1995
The two successful cases were brought by African Americans, native
speakers of English who also speak AAVE. The others were brought by
persons who speak English as a second language. This is some indication
that there are more negative feelings about persons who have recently
immigrated from Africa than there is about U.S. residents who are native
speakers of English, even if the variety of English in question is
stigmatized (see Kyomigusha v. Clowney). There is little work done on the
way ethnic and national origin differences may cause strife within the
African American community, but that such problems exist is a matter of
record.
Xieng v. Peoples National Bank of Washington
How do some plaintiffs manage to avoid settlement, make it to court, and
to win? Xieng provides the ultimate example of a successful case.