La discrimination en milieu de travail et le devoir juridique de représentation syndicale : une analyse socio-juridique

Ce mémoire est une analyse socio-juridique de la discrimination en milieu de travail et de son impact sur le devoir juridique de représentation syndicale, ou plus précisément, sur la responsabilité syndicale en contexte de diversité. Partant d’une première approche sociométrique du phénomène, suivie d’une deuxième davantage socio-juridique, le constat est à l’effet que la discrimination en milieu de travail a des répercussions jusque dans les milieux syndiqués,où les flux d’immigration semblent, à plusieurs égards, bousculer l’ordre établi. La revue de littérature permet de dégager deux grands axes de recherche : un premier concernant les forums : dans l’état actuel du droit, ce sont les Tribunaux des droits de la personne qui élaborent les normes applicables au devoir juridique de représentation syndicale dans les cas allégués de discrimination au travail, les Commissions des relations de travail s’adaptant mais lentement, sinon avec réticence, à la nouvelle donne ; le deuxième concernant spécifiquement la partie syndicale : cette dernière pondère l’effet des normes applicables en matière de discrimination au travail tant en fonction de ses propres intérêts stratégiques, que de l’attente des membres, que des préjugés et stéréotypes présents dans le milieu de travail. L’analyse globale porte sur 689 décisions en provenance de quatre Commissions des relations de travail — Québec, Fédéral, Ontario et Colombie-Britannique — et ainsi que des quatre Tribunaux des droits de la personne correspondants, sur une période de dix ans, allant du 1er janvier 2000 au 31 décembre 2009. Quant aux forums, la conclusion est à l’effet qu’au cours de la période étudiée, aucune institution n’a de préséance sur l’autre en ce qui a trait aux motifs illicites de discrimination. Les deux se complétent sans presque se chevaucher, et chacune à leur manière, contribuent fortement à faire progresser les droits de la personne. Par contre, les Commissions des relations de travail ont préséance quant au harcèlement, tandis que les Tribunaux des droits de la personne sont prépondérants face aux mesures d’accommodement. Quant à la partie syndicale, si elle a toujours agi, pour des raisons historiques, en fonction de ses intérêts stratégiques, de l’attente des membres, et des préjugés et stéréotypes présents sur les lieux de travail. Mais, ce qui change au fil du temps, c’est tout ce qui entoure le devoir juridique de représentation syndicale, c’est-à-dire tout le climat général d’application, ainsi que tout le contexte d’analyse et d’évaluation des situations. Quel est donc l’impact de la discrimination en milieu de travail sur le devoir juridique de représentation syndicale ? Dans la mesure où le contexte d’analyse et d’évaluation des situations est la lecture que font les agents, du climat général d’application, et des changements qu’ils y apportent en fonction de leurs propres intérêts stratégiques, du point de vue syndical, cet impact est triple : d’abord, devant chaque cas d’espèce, (1) l’acteur syndical doit désormais jongler avec beaucoup plus de facteurs qu’auparavant ; deuxièmement, (2) envers les salariés de l’unité de négociation, la marge de manoeuvre est beaucoup plus restreinte en contexte de lutte contre la discrimination ; enfin, et c’est le point le plus important, (3) l’économie générale des droits de la personne a pour effet d’introduire une hiérarchie dans les normes applicables, ce qui oblige l’acteur syndical à s’adapter, de façon constante, à un climat général d’application sans cesse changeant, auquel tous les agents contribuent, y compris lui-même.

La discrimination génétique et l’assurance-vie : les mesures de protection actuelles suffisent-elles?

"De plus en plus, la recherche en génétique s'attarde à identifier les mutations de gènes qui prédisposent les porteurs de ces mutations à des maladies complexes. La recherche tente également d'établir un lien entre le développement de la maladie pour certains porteurs en fonction de leur contexte socio-économique et de leur interaction avec l'environnement. Compte tenu de ces nombreux facteurs d'analyse, l'interprétation des caractéristiques génétiques d'un individu et du risque qui en découle s'avère particulièrement complexe. Or, cette complexité croissante se produit alors même que l'accès aux données génétiques se banalise et qu'il est maintenant possible pour quiconque d'obtenir une analyse personnalisée de son génome via l'internet. La discrimination génétique n'est pas définie en droit canadien ; il est généralement acquis que, dans le contexte de l'assurance-vie, celle-ci est susceptible d'avoir des conséquences désastreuses. Cependant, nous ne croyons pas que l'information d'ordre génétique doive être l'objet d'une approche exceptionnelle causant accrocs au droit général des assurances. D'autant plus, les conséquences du risque de discrimination génétique semblent davantage relevées de la crainte que de l'exercice d'une discrimination réelle. Dans ce contexte, il s'avère nécessaire d'évaluer les mesures de protection contre la discrimination génétique dans le contexte de l'assurance-vie. Pour ce faire, nous abordons, d'une part, les normes d'application générale en matière de protection contre la discrimination; normes parmi lesquelles la Charte des droits et libertés de la personne offre une protection intéressante. D'autre part, nous nous intéressons aux normes visant la discrimination spécifiquement génétique, notamment le nouvel Genetic Information Nondiscrimination Act et l'affaire Audet c. Industrielle-Alliance. Enfin, nous proposons des mesures minimales qui sauraient s'avérer utile pour préserver un juste équilibre."

Impossible Identification : Contemporary Art, Politics and the Palestinians in Israel

Quel est le sens donné à l’art par la minorité palestinienne d’Israël dans un contexte où l’État se définit uniquement en termes ethno-nationaux et religieux ? Les écrits sur l’art en contextes coloniaux et postcoloniaux ont tendance à considérer l’art comme une ressource de revendication identitaire face à une situation de domination. Autrement dit, l’art est souvent présenté comme un acte politique de reconnaissance à travers l’affirmation d’une contre-identité. Suite à un travail intensif de terrain ethnographique dans la région, cette recherche démontre que pour les artistes palestiniens en Israël, l’aspect politique de l’art ne vient pas de sa capacité à exprimer des revendications identitaires. À travers l’observation des pratiques et l’analyse des discours des artistes, elle remet en question la relation présumée entre l'art et l'identité. Plus concrètement, elle analyse les pratiques d’un groupe d’artistes issus d’une minorité nationale indigène dont le travail artistique constitue une interruption des régimes spatiotemporels d'identification. L’aspect politique du travail des artistes palestiniens en Israël s’exprime à travers un processus de désidentification, un refus de réduire l’art à des catégories identitaires dominantes. Les œuvres de ces artistes permettent l’expression d’une rupture esthétique, manifestant un « ayant lieu » politique qui se trouve entre l'art et le non-art. Il s’agit d’un espace qui permet la rupture de l’ordre sensible de la société israélienne à travers l’affirmation et la vérification d’une égalité qui existe déjà.

Gender discrimination in the law of divorce and succession among christians

The present work deals with the Gender discrimination in the law of divorce and succession among christians.Inquiries Into the personal laws bereft of the historical develcpment of the concerned communities will be extremely inadequate as they may not help the researcher to Identify the laws' real source.In this view, the origin and development of Christian law In india has not so far been adequately gone into. Keeping In view the Importance of such a study calling for an exploration of the origin and development of the Christian community and its branching out In india as a prelude to the inqury into the Christian laws, the history of the conmunity in india was examined and the present study IndIcates that christianity In india has a diverse origin in dIfferent parts of India.And this diversity has resulted in the development of different systems of personal law for different sects among them. At present Christians in India constitute a minority but their numerical strength is not negligible. Yet they have not been able to act as an Influential group either socially or politically.The social changes and developments that swept away the community of its feet have overturned the position and the liberals in the community inspired by the changes elsewhere could bring in some statute law to govern the arena traditionally held by the customs.The history of reception of canon law concepts In different parts of India throws some light on the differences In the personal laws applicable to Christians In India.

Discrimination in the workforce: how it impacts a business

Discrimination, in its best form, is a hard concept to fathom as an employee or ordinary citizen. In the workplace, there are times when discrimination is necessary due to extenuating circumstances that revolve around the form or act of discrimination. It could be conveyed to save a life or avoid future conflict. However, it must be clearly stated as a written law that the act is lawful. When unlawful discrimination occurs, it stages an entirely different tone, as it is mainly conducted out of malice, hatred, greed, control, or ignorance. Over the last few decades, discrimination has existed in the workplace, although Federal laws mandate that it does not occur. It does not exist in just one geographical area or is country specific, but covers a wide spectrum, linking countries together from their points of view to creating rifts amongst those who are affected and those who are not, not only from a business perspective, but social humanistic relationships as well. This thesis will use quantitative and qualitative data to support discrimination of sexual harassment, race or color, and gender issues, as well as personal experiences, and how it has and will continue to impact businesses if the acts do not cease, permanently. Leadership, from the Presidents and Heads of Countries, Chief Executive Officers (CEOs), managers, lowest-ranking supervisor, and employees should make it their personal goal to ensure these issues do not continue or arise in their perspective areas of responsibilities. When employees understand that they are valued, will be taken seriously when reporting acts of discrimination, and that some form of action will be taken, performance and productivity will escalate, and morale will increase in the workplace, resulting in higher productivity and subsequently higher profit margins for the company.

O ensino da temática racial: formação e práticas docentes na educação escolar

Coordenação de Aperfeiçoamento de Pessoal de Nível Superior (CAPES)

America's Shifting Color Line? Reexamining Determinants of Latino Racial Self-Identification

Objectives. Latinos are the nation's largest minority group and will double in size by 2050. Their size coupled with the fact that Latinos do not constitute a separate race raises questions about Latinos' incorporation into the U. S. racial hierarchy. This article explores patterns of Latino racial identity formation, examining the determinants of racial identity. Methods. Using the 2006 Latino National Survey, I estimate multinomial logit and ordered probit models of identification choices. Results. Latino racial identity is strongly associated with several factors, including socioeconomic status, measures of perceived discrimination and commonality, and measures of acculturation/assimilation. Most Latinos have a broader, more complex understanding of race. Furthermore, some Latinos do believe that they occupy a unique position in the racial hierarchy. Conclusions. The results suggest that the color line W. E. DuBois argued has long divided our nation may eventually shift.

Racial Bias in Motor Vehicle Searches: Additional Theory and Evidence

Knowles, Persico, and Todd (2001) develop a model of police search and offender behavior. Their model implies that if police are unprejudiced the rate of guilt should not vary across groups. Using data from Interstate 95 in Maryland, they find equal guilt rates for African-Americans and whites and conclude that the data is not consistent with racial prejudice against African-Americans. This paper generalizes the model of Knowles, Persico, and Todd by accounting for the fact that potential offenders are frequently not observed by the police and by including two different levels of offense severity. The paper shows that for African-American males the data is consistent with prejudice against African-American males, no prejudice, and reverse discrimination depending on the form of equilibria that exists in the economy. Additional analyses based on stratification by type of vehicle and time of day were conducted, but did not shed any light on the form of equilibria that best represents the situation in Maryland during the sample period.

The Continuing Practice and Impact of Discrimination

This chapter provides a detailed discussion of the evidence on housing and mortgage lending discrimination, as well as the potential impacts of such discrimination on minority outcomes like homeownership and neighborhood environment. The paper begins by discussing conceptual issues surrounding empirical analyses of discrimination including explanations for why discrimination takes place, defining different forms of discrimination, and the appropriate interpretation of observed racial and ethnic differences in treatment or outcomes. Next, the paper reviews evidence on housing market discrimination starting with evidence of segregation and price differences in the housing market and followed by direct evidence of discrimination by real estate agents in paired testing studies. Finally, mortgage market discrimination and barriers in access to mortgage credit are discussed. This discussion begins with an assessment of the role credit barriers play in explaining racial and ethnic differences in homeownership and follows with discussions of analyses of underwriting and the price of credit based on administrative and private sector data sources including analyses of the subprime market. The paper concludes that housing discrimination has declined especially in the market for owner-occupied housing and does not appear to play a large role in limiting the neighborhood choices of minority households or the concentration of minorities into central cities. On the other hand, the patterns of racial centralization and lower home ownership rates of African-Americans appear to be related to each other, and lower minority homeownership rates are in part attributable to barriers in the market for mortgage credit. The paper presents considerable evidence of racial and ethnic differences in mortgage underwriting, as well as additional evidence suggesting these differences may be attributable to differential provision of coaching, assistance, and support by loan officers. At this point, innovation in loan products, the shift towards risk based pricing, and growth of the subprime market have not mitigated the role credit barriers play in explaining racial and ethnic differences in homeownership. Further, the growth of the subprime lending industry appears to have segmented the mortgage market in terms of geography leading to increased costs of relying on local/neighborhood sources of mortgage credit and affecting the integrity of many low-income minority neighborhoods through increased foreclosure rates.

Fair Housing Enforcement and Changes in Discrimination between 1989 and 2000: An Exploratory Study

Using paired testing data from the 1989 and 2000 Housing Discrimination Studies (HDS) and data on fair housing enforcement activities during the 1990s in the corresponding metro areas, we investigate whether 1989-2000 changes in the metropolitan incidence of racial/ethnic discrimination correlate with fair housing enforcement activity during the 1990s. We found that higher amounts of state and local enforcement activity supported by HUD through its FHIP and FHAP programs (especially the amount of dollars awarded by the courts) were consistently associated with greater declines in discrimination against black apartment-seekers and home-seekers. The evidence does not support similar conclusions for housing market discrimination against Hispanics where the level of enforcement is much lower.

What Is Known about Testing for Discrimination: Lessons Learned by Comparing across Different Markets

The paper provides a fairly comprehensive examination of recent empirical work on discrimination within economics. The three major analytical approaches considered are traditional regression analysis of outcomes, paired testing or audits, and finally analysis of performance where higher group performance suggests that a group has been treated disfavorably. The review covers research in the labor, credit, and consumption markets, as well as recent studies of discrimination within the legal system. The review suggests that the validity of interpreting observed racial differences as discrimination depends heavily on whether the analysis is based on a sample that is representative of a population of individuals or households or based on a sample of market transactions, as well as the analyst?s ability to control for heterogeneity within that sample. Heterogeneous firm behavior and differentiated products, such as those found in labor and housing markets, also can confound empirical analyses of discrimination by confusing the allocation of individuals across firms or products with disparate treatment or by ignoring disparate impacts that might arise based on that allocation.

Policy analysis of the Americans with Disabilities Act of 1990 and federal funding concerning barrier-free playgrounds

The Americans with Disabilities Act (ADA) of 1990 was created to prohibit discrimination against disabled persons in our society. The goal of the ADA as a comprehensive civil rights law is to "ensure equal opportunity and complete participation, independent living and economic self-sufficiency" for disabled persons (U.S. Department of Justice, 2008). As part of Title II and III of the ADA, states and local governments are required to provide people with disabilities the same chance to engage in and benefit from all programs and services including recreational facilities and activities as every other citizen. Recreational facilities and related structures must comply with accessibility standards when creating new structures or renovating existing ones. Through a systematic literature review of articles accessed through online databases, articles relating to children with disabilities, their quality of life and their experience gained through play were reviewed, analyzed and synthesized. Additionally, the ADA's Final Rule regarding accessible playgrounds was evaluated through a descriptive analysis which yielded the following five components relating the importance of barrier-free playgrounds to children with disabilities: appropriate dimensions for children, integration of the play area, variety of activity and stimulation, availability of accessible play structures to communities, and financial feasibility. These components were used as evaluation criteria to investigate the degree to which the ADA's Final Rule document met these criteria. An evaluation of two federal funding sources, the Urban Parks and Recreation Renewal Program (UPARR) and the Land and Water Conservation Fund (LWCF), was also conducted which revealed three components relating the two programs' ability to support the realization of the ADA's Final Rule which included: current budget for the program, ability of local communities to attain funds, and level of ADA compliance required to receive funding. Majority of the evaluation of the Final Rule concluded it be adequate in development of barrier-free playgrounds although there are some portions of the guidelines that would benefit from further elucidation. Both funding programs were concluded to not adequately support the development of barrier-free playgrounds and therefore it was recommended that their funding be re-instated or increased as necessary. ^

50 Years Ago We Marched: What began on the grounds of Lincoln University, ended on the steps of the Alabama State Capitol

LINCOLN UNIVERSITY - On March 25, 1965, a bus loaded with Lincoln University students and staff arrived in Montgomery, Ala. to join the Selma march for racial and voting equality. Although the Civil Rights Act of 1964 was in force, African-Americans continued to feel the effects of segregation. The 1960s was a decade of social unrest and change. In the Deep South, specifically Alabama, racial segregation was a cultural norm resistant to change. Governor George Wallace never concealed his personal viewpoints and political stance of the white majority, declaring “Segregation now, segregation tomorrow, segregation forever.” The march was aimed at obtaining African-Americans their constitutionally protected right to vote. However, Alabama’s deep-rooted culture of racial bias began to be challenged by a shift in American attitudes towards equality. Both black and whites wanted to end discrimination by using passive resistance, a movement utilized by Dr. Martin Luther King Jr. That passive resistance was often met with violence, sometimes at the hands of law enforcement and local citizens. The Selma to Montgomery march was a result of a protest for voting equality. The Student Nonviolent Coordinating Committee (SNCC) and the Southern Christian Leadership Counsel (SCLC) among other students marched along the streets to bring awareness to the voter registration campaign, which was organized to end discrimination in voting based on race. Violent acts of police officers and others were some of the everyday challenges protesters were facing. Forty-one participants from Lincoln University arrived in Montgomery to take part in the 1965 march for equality. Students from Lincoln University’s Journalism 383 class spent part of their 2015 spring semester researching the historical event. Here are their stories: Peter Kellogg “We’ve been watching the television, reading about it in the newspapers,” said Peter Kellogg during a February 2015 telephone interview. “Everyone knew the civil rights movement was going on, and it was important that we give him (Robert Newton) some assistance … and Newton said we needed to get involve and do something,” Kellogg, a lecturer in the 1960s at Lincoln University, discussed how the bus trip originated. “That’s why the bus happened,” Kellogg said. “Because of what he (Newton) did - that’s why Lincoln students went and participated.” “People were excited and the people along the sidewalk were supportive,” Kellogg said. However, the mood flipped from excited to scared and feeling intimidated. “It seems though every office building there was a guy in a blue uniform with binoculars standing in the crowd with troops and police. And if looks could kill me, we could have all been dead.” He says the hatred and intimidation was intense. Kellogg, being white, was an immediate target among many white people. He didn’t realize how dangerous the event in Alabama was until he and the others in the bus heard about the death of Viola Liuzzo. The married mother of five from Detroit was shot and killed by members of the Ku Klux Klan while shuttling activists to the Montgomery airport. “We found out about her death on the ride back,” Kellogg recalled. “Because it was a loss of life, and it shows the violence … we could have been exposed to that danger!” After returning to LU, Kellogg’s outlook on life took a dramatic turn. Kellogg noted King’s belief that a person should be willing to die for important causes. “The idea is that life is about something larger and more important than your own immediate gratification, and career success or personal achievements,” Kellogg said. “The civil rights movement … it made me, it made my life more significant because it was about something important.” The civil rights movement influenced Kellogg to change his career path and to become a black history lecturer. Until this day, he has no regrets and believes that his choices made him as a better individual. The bus ride to Alabama, he says, began with the actions of just one student. Robert Newton Robert Newton was the initiator, recruiter and leader of the Lincoln University movement to join Dr. Martin Luther King’s march in Selma. “In the 60s much of the civil rights activists came out of college,” said Newton during a recent phone interview. Many of the events that involved segregation compelled college students to fight for equality. “We had selected boycotts of merchants, when blacks were not allowed to try on clothes,” Newton said. “You could buy clothes at department stores, but no blacks could work at the department stores as sales people. If you bought clothes there you couldn’t try them on, you had to buy them first and take them home and try them on.” Newton said the students risked their lives to be a part of history and influence change. He not only recognized the historic event of his fellow Lincolnites, but also recognized other college students and historical black colleges and universities who played a vital role in history. “You had the S.N.C.C organization, in terms of voting rights and other things, including a lot of participation and working off the bureau,” Newton said. Other schools and places such as UNT, Greenville and Howard University and other historically black schools had groups that came out as leaders. Newton believes that much has changed from 50 years ago. “I think we’ve certainly come a long way from what I’ve seen from the standpoint of growing up outside of Birmingham, Alabama,” Newton said. He believes that college campuses today are more organized in their approach to social causes. “The campus appears to be some more integrated amongst students in terms of organizations and friendships.” Barbara Flint Dr. Barbara Flint grew up in the southern part of Arkansas and came to Lincoln University in 1961. She describes her experience at Lincoln as “being at Lincoln when the world was changing.“ She was an active member of Lincoln’s History Club, which focused on current events and issues and influenced her decision to join the Selma march. “The first idea was to raise some money and then we started talking about ‘why can’t we go?’ I very much wanted to be a living witness in history.” Reflecting on the march and journey to Montgomery, Flint describes it as being filled with tension. “We were very conscious of the fact that once we got on the road past Tennessee we didn’t know what was going to happen,” said Flint during a February 2015 phone interview. “Many of the students had not been beyond Missouri, so they didn’t have that sense of what happens in the South. Having lived there you knew the balance as well as what is likely to happen and what is not likely to happen. As my father use to say, ‘you have to know how to stay on that line of balance.’” Upon arriving in Alabama she remembers the feeling of excitement and relief from everyone on the bus. “We were tired and very happy to be there and we were trying to figure out where we were going to join and get into the march,” Flint said. “There were so many people coming in and then we were also trying to stay together; that was one of the things that really stuck out for me, not just for us but the people who were coming in. You didn’t want to lose sight of the people you came with.” Flint says she was keenly aware of her surroundings. For her, it was more than just marching forward. “I can still hear those helicopters now,” Flint recalled. “Every time the helicopters would come over the sound would make people jump and look up - I think that demonstrated the extent of the tenseness that was there at the time because the helicopters kept coming over every few minutes.” She said that the marchers sang “we are not afraid,” but that fear remained with every step. “Just having been there and being a witness and marching you realize that I’m one of those drops that’s going to make up this flood and with this flood things will move,” said Flint. As a student at Lincoln in 1965, Flint says the Selma experience undoubtedly changed her life. “You can’t expect to do exactly what you came to Lincoln to do,” Flint says. “That march - along with all the other marchers and the action that was taking place - directly changed the paths that I and many other people at Lincoln would take.” She says current students and new generations need to reflect on their personal role in society. “Decide what needs to be done and ask yourself ‘how can I best contribute to it?’” Flint said. She notes technology and social media can be used to reach audiences in ways unavailable to her generation in 1965. “So you don’t always have to wait for someone else to step out there and say ‘let’s march,’ you can express your vision and your views and you have the means to do so (so) others can follow you. Jaci Newsom Jaci Newsom came to Lincoln in 1965 from Atlanta. She came to Lincoln to major in sociology and being in Jefferson City was largely different from what she had grown up with. “To be able to come into a restaurant, sit down and be served a nice meal was eye-opening to me,” said Newsom during a recent interview. She eventually became accustomed to the relaxed attitude of Missouri and was shocked by the situation she encountered on an out-of-town trip. “I took a bus trip from Atlanta to Pensacola and I encountered the worse racism that I have ever seen. I was at bus stop, I went in to be served and they would not serve me. There was a policeman sitting there at the table and he told me that privately owned places could select not to serve you.” Newsom describes her experience of marching in Montgomery as being one with a purpose. “We felt as though we achieved something - we felt a sense of unity,” Newsom said. “We were very excited (because) we were going to hear from Martin Luther King. To actually be in the presence of him and the other civil rights workers there was just such enthusiasm and excitement yet there was also some apprehension of what we might encounter.” Many of the marchers showed their inspiration and determination while pressing forward towards the grounds of the Alabama Capitol building. Newsom recalled that the marchers were singing the lyrics “ain’t gonna let nobody turn me around” and “we shall overcome.” “ I started seeing people just like me,” Newsom said. “I don’t recall any of the scowling, the hitting, the things I would see on TV later. I just saw a sea of humanity marching towards the Capitol. I don’t remember what Martin Luther King said but it was always the same message: keep the faith; we’re going to get where we’re going and let us remember what our purpose is.” Newsom offers advice on what individuals can do to make their society a more productive and peaceful place. “We have come a long way and we have ways to change things that we did not have before,” Newsom said. “You need to work in positive ways to change.” Referencing the recent unrest in Ferguson, Mo., she believes that people become destructive as a way to show and vent anger. Her generation, she says, was raised to react in lawful ways – and believe in hope. “We have faith to do things in a way that was lawful and it makes me sad what people do when they feel without hope, and there is hope,” Newsom says. “Non-violence does work - we need to include everyone to make this world a better place.” Newsom graduated from Lincoln in 1969 and describes her experience at Lincoln as, “I grew up and did more growing at Lincoln than I think I did for the rest of my life.”

Os muitos nomes de Silvana: contribuições clínico-políticas da psicanálise sobre mulheres negras

Esta pesquisa aponta alguns dos efeitos subjetivos e estratégias singulares de resistência frente à desigualdade racial no nosso país, abordando as vicissitudes de inscrição no laço social de mulheres negras e pobres. É fruto de uma intervenção clínico-política com um grupo de adolescentes em uma Escola Municipal de Ensino Fundamental de São Paulo na qual foi se evidenciando, para nós, a necessidade de cada um desses adolescentes de defender intransigentemente a honra e o valor de suas mães frente aos outros membros do grupo. Tanto pelo seu excesso como pela sua repetição, essa situação nos sugeria um mal-estar e um não dito referido às configurações familiares e à posição destas mulheres nesta comunidade escolar, que nos levou a escutá-las. Tomando a indicação freudiana de que a psicologia individual seria também psicologia social e a formulação lacaniana de que podemos considerar o Inconsciente como sendo a Política, acreditamos ser indispensável escutar o sujeito levando em consideração o Outro, entendido tanto do ponto de vista sócio-histórico, como libidinal. Isso significa que não poderíamos escutar estas mulheres sem considerar o campo de desigualdades sociais e raciais no qual estavam inscritas discursivamente, o que nos exigiu uma interlocução fundamental tanto com pesquisas da antropologia social e da sociologia, como da história. A fala destas mulheres foi nos revelando que, além de outras identificações contingentes, o fato de serem reconhecidas e se reconhecerem como mulheres negras era um elemento fundamental nas suas vivências cotidianas. Uma vez que nosso passado escravista não teria sido suficientemente lembrado e admitido, alguns traços se fariam presentes através de uma transmissão simbólica, pelos subterrâneos da cultura, de uma posição de servidão a elas atribuída. Permaneceria de uma forma atualizada e insidiosa uma divisão racializada da nossa sociedade, ancorada na herança de uma cisão entre a mulher mundana cujo corpo seria visto como um corpo de gozo, mas sem valor social, a mucama, e a que seria valorizada socialmente à custa de um corpo assexuado, casta e educada, esposa do senhor de escravos. Apesar de tantos avanços, as conquistas femininas das últimas décadas não seriam totalmente estendidas a essas mulheres, negras e pobres, que seguiriam, frequentemente, apresentando no imaginário social um corpo ao qual se atribuiria a capacidade de satisfazer os desejos mais inconfessáveis de um homem à custa de ser visto como propriedade e domínio deste. A atitude racista se faria presente em relação a elas, entendida como o ato de segregação do gozo inadmitido de um sujeito no corpo de um outro, ou ainda, como Lacan apontou, impondo a um outro, seu modo de gozo. Mais do que uma identidade das mulheres negras, consideramos fundamental conceber a particularidade de um laço que se estabeleceria na relação com elas, na medida em que seu corpo seria capaz de despertar e revelar a relação do sujeito com o mais íntimo e insuportável de si mesmo: ela seria a estrangeira frente a um homem, por ser mulher; e seria estrangeira frente a uma mulher ou homem branco, por ser negra. A sua condição de estrangeira a deixaria assim como figura paradigmática de um Outro sexo, um sexo Outro, um gozo Outro, recaindo sobre ela as reações mais violentas de extirpação desse gozo. As estratégias de como manter o que seria próprio do gozo feminino não balizado pelo gozo fálico, posto que seria suplementar a ele frente a essa injunção de segregação e depreciação, seriam sempre singulares. Apresentamos um caso clínico, Silvana, apontando suas estratégias de resistência frente a um discurso social que a desqualificaria tentando lhe impor um estreitamento de sua vida erótica e sua redução a um modo único de gozo