Tanya K. Hernandez

Professor of Law, Fordham University School of Law
LAPA Fellow Traveler
Former Fellow, 2010-2011

140 West 62nd Street, New York, New York 10023
phone: 646-312-8786 ; fax: 212-636-6899

Tanya K. Hernandez is a professor of law at Fordham University School of Law, where she teaches Comparative Employment Discrimination, Critical Race Theory, and Trusts & Estates. She received her A.B. from Brown University, and her J.D. from Yale Law School, where she served as Note Topics Editor of the Yale Law Journal. She has served as a faculty fellow at the Institute for Research on Women at Rutgers University, and as a scholar in residence at the Schomburg Center for Research in Black Culture. In 2009, Professor Hernandez was elected to the American Law Institute and in 2007, Hispanic Business Magazine selected her as one of the 100 Most Influential Hispanics. Professor Hernandez serves on the editorial boards of the Journal of Legal Education, and the Latino Studies Journal published by Palgrave Macmillan Press. Professor Hernandez�s scholarly interest is in the study of comparative race relations and anti-discrimination law, and her work in that area has been published in the California Law Review, Cornell Law Review, Harvard Civil Rights Civil Liberties Law Review, and the Yale Law Journal amongst other publications. While at Princeton, she will conduct the research for her next book, which is focused on the topic of Latino inter-ethnic racism in the workplace and its implications for the enforcement of employment discrimination laws.

Life after LAPA

Tanya Hernandez continues as a Professor of Law at Fordham University School of Law, teaching Comparative Employment Discrimination, Critical Race Theory and Trusts & Estates. In addition, the Fred T. Korematsu Center for Law and Equality awarded her a Non-resident Faculty Fellowship for the 2011-2013 academic years to support her research on intergroup conflict and cooperation. In her spare time she will be completing the book "Racial Subordination in Latin America: The Role of the State, Customary Law and the New Civil Rights Response," for Cambridge University press.


Anti-Discrimination Scholarly Publications:


Racial Subordination in Latin America: The Role of the State, Customary Law and the New Civil Rights Response (Cambridge Univ. Press, Oct. 2012) (

"What Not to Wear" -- Race and Unwelcomeness in Sexual Harassment Law: The Story of Meritor Savings Bank v. Vinson, in Women and the Law Stories 277-306 (2011 Foundation Press book chapter, Elizabeth Schneider & Stephanie Wildman eds.).

The Value of Intersectional Comparative Analysis to the "Post-Racial" Future of Critical Race Theory: A Brazil-U.S. Comparative Case Study, 43 Conn. L. Rev. 1407-1437 (2011).

Afro-Latin@s and the Latino Workplace, in The Afro-Latin@ Reader: History and Culture in the United States 520-526 (2010 Duke Univ. Press book chapter, Juan Flores & Miriam Jimenez Roman, eds.).

Latinos at Work: When Color Discrimination Involves More Than Color, in Shades of Difference: Why Skin Color Matters 236-244 (2009 Stanford Univ. Press book chapter, Evelyn Nakano Glenn, ed.).

European Multiculturalism as Compared to Diversity in the United States: A View from the Employment Discrimination Context, in Multiculturalisms: Different Meanings and Perspectives of Multiculturalism in a Global World (2009 book chapter from Stampfli Press, Barbara Pozzo, ed.).

Latino Inter-Ethnic Employment Discrimination and the �Diversity� Defense, 42 Harvard Civil Rights Civil Liberties Law Review 259-316 (2007) (lead article of issue 2) (available at

Latino Anti-Black Violence in Los Angeles: Not �Made in the USA,� 13 Harvard Journal African American Public Policy 37-40 (2007).

A Critical Race Feminism Empirical Research Project: Sexual Harassment & The Internal Complaints Black Box, 39 U.C. Davis L. Rev. 1235-1303 (2006).

The Intersectionality of Lived Experience and Anti-Discrimination Empirical Research, in Handbook of Employment Discrimination Research: Rights and Realities 325-335 (Laura Beth Nielsen & Robert L. Nelson eds., 2005 American Bar Foundation & Kluwer Academic Publishing) (book chapter).

Sex in the [Foreign] City: Commodification and the Female Sex Tourist, in Rethinking Commodification: Cases and Readings in Law and Culture 222-242 (Joan Williams & Martha Ertman eds., NYU Press 2005) (book chapter).

To Be Brown in Brazil: Education & Segregation Latin American Style, 29 N.Y.U. Rev. L. & Soc. Change 683-717 (2004-05).

Afro-Mexicans and the Chicano Movement: The Unknown Story � A Review of Ian F. Haney Lopez�s �Racism on Trial: The Chicano Fight for Justice,� 92 Cal. L. Rev. 1537-1551 (2004).

A Comparative Assessment of Racial Harassment in the Americas, 8 Employee Rights & Employment Policy Journal 169-179 (2004).

The Racism of Sexual Harassment, in Directions in Sexual Harassment Law 479-95 (Catharine MacKinnon & Reva Siegel eds., 2004 Yale Univ. Press) (book chapter).

Comparative Judging of Civil Rights: A Transnational Critical Race Theory Approach, 63 La. L. Rev. 875-886 (2003).

��Too Black to Be Latino/a:� Blackness and Blacks as Foreigners in Latino Studies, 1 Latino Studies 152-159 (2003).

Multiracial Matrix: The Role of Race Ideology in the Enforcement of Anti-Discrimination Laws, a United States � Latin America Comparison, 87 Cornell Law Review 1093-1176 (2002) (lead article of issue 5).

Judge A. Leon Higginbotham, Jr. as the Model of Scholarly Activism: The Lens of Racial History and Comparative Race Relations For Illuminating the Path to Racial Equality, 20 Yale Law & Policy Review 331-339 (2002).

The Buena Vista Social Club: The Racial Politics of Nostalgia, in Latina/o Popular Culture 61-72 (N.Y.U. Press 2002) (book chapter).

Sexual Harassment and Racial Disparity: The Mutual Construction of Race and Gender, 4 U. Iowa J. of Gender, Race & Justice 183-224 (2001) (reprinted in Katharine T. Bartlett, Angela P. Harris, Deborah L. Rhode, Gender and Law: Theory, Doctrine, Commentary 1205 (3d edition 2002).

An Exploration of the Efficacy of Class-Based Approaches to Racial Justice: The Cuban Context, 33 U.C. Davis L. Rev. 1135-1171 (2000).

Multiracial Discourse: Racial Classifications in an Era of Color-Blind Jurisprudence, 57 Md. L. Rev. 97-173 (1998) (reprinted in Mixed Race America and the Law: A Reader 205-211 (Kevin Johnson ed., NYU Press 2002), and in Juan F. Perea & Richard Delgado, Race and Races: Cases and Resources for a Diverse America 69 (2000)).

Construction of Race and Class Buffers in the Structure of Immigration Controls and Laws , 76 Or. L. Rev. 731-764 (1997) (reprinted in Timothy Davis et al., A Reader on Race, Civil Rights, and American Law: A Multiracial Approach (2001)).

Note, Bias Crime Statutes: The Struggle Against Unconscious Racism in the Prosecution of Racially-Motivated Violence, 99 Yale L.J. 845-864 (1990).

News Publications

Black-on-Mexican Violence in Staten Island, NY: The Untold Tale of Turf Defense, National Institute for Latino Policy Guest Commentary, August 24, 2010 (

Counting Race in Changing Demographics, National Institute for Latino Policy Latino Census Network, Guest Commentary, July 14, 2010 (

Latino, African-American violence on rise since riots, Guest Columnist, Los Angeles Daily News, Sunday April 29, 2007

Roots of Latino/Black Anger, Los Angeles Times, Lead Op Ed, Sunday Jan. 7, 7, 2007, at M1 (

May 2006 Guest Contributor to (

An American Town Meeting: The Issue is Race, New York Times Letter to the Editor, June 11, 2000, Week in Review Section page 16.

Checking Off Race, N.Y. Times Letter to the Editor, Nov. 3, 1997, at A22.

Race vs. Ethnicity, N.Y. Times Letter to the Editor, July 15, 1997.

Census Studies Social Impact, Atlanta Constitution Letter to the Editor, July 12, 1997, at 11A.

Over the Rainbow? Puerto Ricans and the �Multiracial� Category in the Year 2000 Census, Cr�tica: A Journal of Puerto Rican Policy and Politics 1 (Aug. 1996).

�Multiracial Category� May Address Fear Only, N.Y. Times Letter to the Editor, July 15, 1996, at A12.

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