What does it mean to play the ‘race’ card?

Originally, a racecard  was “a printed card giving information about the horse races scheduled for a particular race meeting.” Its first attested use was in 1836 (Oxford English Dictionary Online). The newer, two-word play on ‘racecard’, ‘race card’, came on the scene a century and a half later, around 1974, according to Merriam-Webster Dictionary Online. It has a different meaning, but one related to, and probably derived from, the original meaning. According to Merriam-Webster, a race card is “the issue of a person’s race as it relates to a particular contest (such as a political campaign or a court trial) —often used in the phrase play the race card.” The meaning of this term, however, goes far beyond the bland dictionary definition.

The expression: “He’s playing the ‘race’ card” is now pretty much a fixed expression in American English, but if you analyze its internal structure, it becomes clear that it is a powerful metaphor that evokes many semantic frames. The most obvious frame is the poker playing frame. He’s playing the ‘race’ card (i.e., not a Joker or an Ace), but the ‘race’ card. This metaphor is very revealing. Just as when you’re in a card game, you ‘play’ a card that is advantageous to you–it’s a strategic move, in other words. It’s a TRUMP card. This is exactly how the term race card is interpreted.

In its application, the expression to play the race card is meant to suggest that certain claims of racial discrimination are illegitimate, and part of a deliberate strategy on the part of the so-called ‘victim’ or claimant to use anti-discrimination laws as a form of (undeserved) redress (usually for a lawsuit). The term came into being after the passing of the Civil Rights Act of 1964 (Title VII) (the Voting Rights Act of 1965, and other anti-discrimination legislation), and when black people (and other minorities) were newly beginning to file racial discrimination lawsuits in response to ongoing systemic problems of exclusion, discrimination, and abuse in the workplace and elsewhere. Title VII addresses not only discriminatory practices against employees and applicants based on race (and other factors), but also establishes the enforcement powers of the Equal Opportunity Employment Commission (EEOC), monitoring and regulations, as well as civil action that can be taken by aggrieved claimants. Well, while these protections may seem like open and shut cases to the average lay person, these cases are actually very hard to prove in a court of law under Title VII.

“It would be reasonable to interpret [Title VII] language as simply requiring proof of causation without proof of intent”, says Linda Hamiliton Krieger, JD, Law Professor, and author of “The Content of our Categories: A Cognitive Bias approach to Discrimination and Equal Employment Opportunity” (1995). She continues: “This is not, however, how section 703 has been construed. Under existing law, the disparate treatment plaintiff […] proceeding under Title VII…must prove not only that she was treated differently, but that such treatment was was caused by purposeful or intentional discrimination.” (italics mine) This creates some serious hurdles for the plaintiff who claims that race discrimination has occurred. For instance,

• In the absence of racial slurs or other explicit, consistent racist behavior, how can one prove intention? In other words, how can you prove what is in the mind of the employer? His actions, though not kind, may simply be because he doesn’t like you, or your attitude–not because he’s a racist. “You know John, he’s a jerk with everybody.”
• In order to establish that she was fired because of her race, and for no other reason, a plaintiff has to be a damn-near model employee who has never come in late, has never had an infraction–of any kind–with the employer, other employees, or with customers. And she must have a sunshiny personality. If she has had any problems whatsoever–and even worse, a write up–then all the employer has to do is say: “I didn’t fire her because she’s black–I fired her because she came in late twice.” Or, “I let her go because she doesn’t get along with the other personnel.”
• Even explicitly racist language, or racial jokes in the workplace, must be proven to create a hostile environment, and they must be proven to be examples of racial animus against the employee and her race, and that they were purposefully meant to hurt her. The plaintiff must prove that the jokes are indeed racist, not just in poor taste, or off-color humor. (Pardon the pun) And that she’s not just overly sensitive, thin skinned, misunderstanding, or imagining things. “After all, we tease Bob about his hairline. (And he doesn’t get offended.)” “I call Jim a redneck all the time, and he doesn’t see it as racist.”
  

Early on (at least since 1974), the term He’s using the race card has been used as a legal strategy to avoid having to pay large settlement claims. Businesses and their attorneys began to claim that this is just another baseless, fraudulent, or frivolous lawsuit filed by another person playing trying to unjustly enrich himself. The unarticulated assumption was: After all, they’ve been historically poor and resentful, and the system has no mechanism for them to gain upward social mobility otherwise. Therefore, this a strategy–an easy card to play–in order to get a quick payday. It’s much easier than a ‘slip and fall’ in the grocery store. If we’re not careful, paying out will set a precedent that may bankrupt the nation. (Notice who was actually playing the race card.)

Now, the term has been extended beyond use in courts and is used as a discursive strategem to delegitimate almost any claims of discrimination by blacks. In school, in the marketplace, and on the Internet.

The problem is…the deck is stacked with ‘race’ cards. Blacks don’t have to play them–they’re already there.

References:

The Content of Our Categories:  A Cognitive Bias Approach to Discrimination and Equal Employment Opportunity, 47 Stan. L. Rev. 1161 (1995).

“Racecard, n.1.” OED Online. Oxford University Press, March 2020. Web. 4 May 2020.
“Race card.” Merriam-Webster.com Dictionary, Merriam-Webster, https://www.merriam-webster.com/dictionary/race%20card. Accessed 4 May. 2020.

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