Understanding the difference between disparate treatment and disparate impact

There are two types of discrimination recognized by our various civil rights laws: disparate treatment and disparate impact. The former is conscious, intentional discrimination.  The latter is unintentional, and is demonstrated through statistical disparities.  Here on the Liberty Blog we have often … Continue reading

President’s weekly report — August 15, 2014

Equality Under the Law — Government discrimination in contracting We filed this brief in Midwest Fence v. United States Department of Transportation.  Midwest Fence has been embroiled in litigation defending its right to bid for government contracts in Illinois on the same … Continue reading

City of Tulsa stuns residents by proclaiming it will follow the law – really

It must come as welcome news to Tulsa residents to learn that their city officials have finally decided to obey the Oklahoma Constitution.  In November 2012, Oklahoma voters passed an initiative that amended the state constitution by adding Article II, Section 36A.  … Continue reading

The social injustice of government race-based contracting programs

PLF attorneys are filing a brief in support of Midwest Fence Corporation in its “David versus Goliath” legal challenge against race-based public contracting programs in Illinois.  Both federal and state programs are at issue, and Midwest Fence had to sue several … Continue reading

Diversity hire loses discrimination lawsuit

The University of New Hampshire hired a political science professor during a hiring freeze. They were allowed to do so because she was black and the University had ” ongoing efforts to enhance racial diversity on campus.”  It was undisputed that the “the only … Continue reading

President’s weekly report — August 8, 2014

Environment — Victory in California Supreme Court The California Supreme Court issued a unanimous decision in Tuolumne Jobs & Small Business Alliance v. Superior Court (Wal-Mart Stores).  There, after Tuolumne County voters submitted an initiative allowing a Wall-Mart store, the County adopted … Continue reading

Bringing sanity back to Title VII

This morning PLF filed this Reply Brief in Shea v. Kerry, a case where we are representing Foreign Service officer William Shea in his fight against the US Department of State.  When William Shea was hired by the State Department in the early … Continue reading

PLF continues to support Abigail Fisher

Yesterday PLF filed this brief amicus curiae in support of Abigail Fisher.  PLF was joined on the brief by our friends from Center for Equal Opportunity, Project 21, Reason Foundation, and Individual Rights Foundation.  Ms. Fisher continues to fight for her right … Continue reading

President’s weekly report — July 18, 2014

Equality Under the Law Project — Implicit Bias Victory The Iowa Supreme Court today issued this unanimous opinion in Pippen v. State of Iowa, tossing out an “implicit bias” discrimination lawsuit against the State of Iowa. Under the theory of … Continue reading

Pippen v. Iowa: A victory for commonsense

In a unanimous opinion, the Iowa Supreme Court affirmed the trial court dismissing the plaintiffs’ disparate impact claims.  In this case, plaintiffs alleged that the subjective thoughts and biases of Iowa government officials caused a disparate impact on the basis of race.  To … Continue reading