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

Study shows EEOC’s disparate impact cure is worse than the disease

A group of congressmen have introduced a bill that would ban employers from considering job applicants’ credit histories.  As we’ve noted before, the Equal Employment Opportunity Commission has proscesuted companies’ for using credit and background checks due to the practices’ purported … Continue reading

Courts must protect the politically powerless from having their property rights abused

Pacific Legal Foundation has filed an amici brief in the Supreme Court of New Jersey on behalf of itself, the National Federation of Independent Business, Institute for Justice and Ilya Somin arguing that New Jersey courts must take seriously their obligation … Continue reading

President’s weekly report — November 15, 2013

Equality Under the Law Program — Disparate Impact We have mixed emotions about the settlement in Township of Mt. Holly v. Mt. Holly Gardens.  This is the case where homeowner challengers to a redevelopment plan brought a “disparate impact” claim … Continue reading

Settlement in disparate impact case means more government discrimination

Proponents of racial preferences and race-conscious decision making must be breathing easier today after reports surfaced about the approved settlement in Township of Mount Holly v. Mt. Holly Gardens Citizens in Action. The case concerns controversial redevelopment efforts by the … Continue reading