The EEOC continues to take a beating in the Kaplan case

A few months back I reported on the case of Equal Employment Opportunity Commission (EEOC) v. Kaplan Higher Education Corporation (Kaplan).  This is the case where Kaplan instituted a policy of running credit checks for applicants to certain positions that … Continue reading

Race-based contracting is unconstitutional

So argues this op-ed that I co-authored with Roger Clegg published in the Washington Times this morning.  Here’s a snippet: Remedial discrimination makes less and less sense with every tick of the clock, as the days when black companies were not … Continue reading

Robbing Sanjay to pay Xuan

Useful innocent? Useful idiot?  No, just uninformed.  At least that appears to be the explanation for a contractor who expressed delight with a court ruling that allows the government to continue its racial discrimination . . . against him. In 2011, a federal … Continue reading

Caltrans: “Disparate impact justifies racial preferences.”

In my last post about our case Associated General Contractors of America, San Diego Chapter  v. California Department of Transportation (Caltrans), I described how Caltrans implements the federal Disadvantaged Business Enterprise (DBE) program in a way that requires prime contractors to … Continue reading

PLF attorneys return to San Francisco to fight against government discrimination

After numerous continuances by the opposing party and by the court itself, PLF attorneys will be back in San Francisco County Superior Court tomorrow for oral argument on the cross-motions for summary judgment in the case called Coral Construction v. … Continue reading

The Caltrans Local Assistance Program: Money for discrimination

Earlier this week I participated in oral argument before the Ninth Circuit Court of Appeals for our case in Associated General Contractors of America, San Diego Chapter v. California Department of Transportation (Caltrans).  As a condition of taking federal highway … Continue reading

To the government, skin color is all that matters

In October, when Fisher was being argued before the Supreme Court, Justice Scalia was concerned with how the University of Texas determined it had “enough” minorities in each classroom.  He asked, “how do[es the University] determine when classrooms are diverse? …  [Do] … Continue reading