Unequal pay?

There’s been a lot of high-profile talk about equality lately.  President Barack Obama has been trying to make political hay by railing against unequal pay between the sexes, and former President Jimmy Carter recently expressed similar sentiment in a speech. … 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

Will one of the Supreme Court’s worst decisions finally be overruled?

In 1944, the Supreme Court — in one of its most widely-condemned decisions — shamefully upheld the constitutionality of the internment of Japanese-Americans across the West Coast. It did so paying lip service to the Constitution’s deep distrust of government … 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

PLF argues government can’t enact laws solely to protect existing businesses from legitimate competition

Milwaukee resident Ghaleb Ibrahim simply wants to own and operate his own taxicab.  But that city’s ordinance denies him the right to earn a living as a taxicab driver—not because he is unqualified, but because Milwaukee capped the amount of available … Continue reading

Discriminating judge undeterred by benchslap

Last month, Justice Alito issued a statement regarding the Supreme Court’s decision not to review a class member’s challenge to an order requiring discrimination in the selection of attorneys to represent the class. As Alito explained, the case didn’t merit … Continue reading

Supreme Court denies review of district court’s racially discriminatory order

This morning, the Supreme Court declined to review the appeal of Nicolas Martin, a class member who objected to the use of his race and that of his fellow class members to discriminate in the appointment of class counsel. In … Continue reading

PLF argues government can’t judge individuals based on the color of their skin

Today Pacific Legal Foundation filed this amicus brief in EEOC v. Kaplan, which was joined by the Cato Institute, the Center for Equal Opportunity, the Competitive Enterprise Institute, and Project 21.  EEOC has been particularly aggressive in pursuing disparate impact … Continue reading

PLF attorney, Ralph Kasarda, to appear on KQED Forum

PLF staff attorney, Ralph Kasarda, will be appearing on the KQED Forum radio show at 9:30 a.m. tomorrow, October 15, 2013, to discuss Schuette v. Coalition to Defend Affirmative Action.  The Supreme Court is scheduled to hear oral argument in that … Continue reading

PLF files amicus brief in Fisher v. University of Texas

Today, Pacific Legal Foundation filed this amicus brief in Fisher v. University of Texas—which is in the Fifth Circuit after being remanded from the Supreme Court last summer.  We were joined on the brief by the American Civil Rights Institute (ACRI), the Center … Continue reading