With 2008 and 2009 presenting the highest number of Equal Employment Opportunity Commission, or EEOC, charges in American legal history, one might think that discrimination challenges soon must peak.

After all, Title VII was passed 46 years ago, and surely we have eliminated some discriminatory behavior. Indeed, we have improved since 1964, at least with traditional discrimination law classifications such as gender and race. However, new challenges are on their way.