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

President’s weekly report — June 20, 2014

Property Rights — Koontz in Florida After our tremendous victory in Koontz v. St. John’s Water Management District, the United States Supreme Court sent the case back to the Florida courts.  The District is now attempting to reopen settled matters that … Continue reading

Schools illegally suspended students to comply with feds’ disparate-impact mandate?

A few months ago, I wrote about the Obama Administration’s announcement that it would apply disparate-impact theory to schools’ discipline policies. According to the Administration, a school presumably violates multiple federal laws if it punishes students of any particular race … Continue reading

Support for disparate-impact doctrine is based on misconceptions

While support for racial preferences is declining across all demographics, disparate-impact theory continues to grow. Attorney General Eric Holder recently reaffirmed the Obama Administration’s commitment to the doctrine when speaking at Morgan State University. If Americans are staunchly opposed to … Continue reading

Obama Administration urges further discrimination in the wake of Schuette

In its crusade to make America a racially polarized nation, the Obama Administration has had a tough couple of years.  Despite repeated pleas for the continued use of racial preferences, and its crusade to inject disparate impact into every facet … Continue reading

EEOC: disparate impact for thee, but not for me

Yesterday the Sixth Circuit shut down the Equal Employment Opportunity Commission’s suit against Kaplan University in EEOC v. Kaplan.  EEOC had alleged that Kaplan’s policy of conducting credit checks on job applicants had a disparate impact on minorities.  Perhaps EEOC … Continue reading

“An egregious example of scientific dishonesty”

Back in August I reported on a case out of the federal district court in Maryland, where the EEOC was trying to stop a business from undertaking criminal background checks on job-applicants.  In EEOC v. Freeman, the district court rejected … Continue reading

Fighting to restore Title VII — Shea v. Kerry

Title VII of the Civil Rights Act of 1964 was an historic piece of legislation.  The statute  prohibits racial discrimination in employment:  The text of Title VII is explicit: [It shall be unlawful] to fail or refuse to hire or … Continue reading

Will the government sue itself for disparate impact discrimination?

According to this article in the Wall Street Journal, the government regulators who rely on disparate impact theory to bring discrimination claims against businesses may themselves be liable for disparate impact discrimination. In 2010, Congress created yet another government agency, … Continue reading

Feds threaten schools with disparate-impact liability

The Obama Administration recently sent a warning to the nation’s schools to not racially discriminate against students.  The warning came in the form of a “dear colleague” letter, which explains how the U.S. Departments of Justice and Education interpret Titles … Continue reading