Articles

Can plaintiffs bring a claim for discrimination based on an amorphous, non-definable, societal bias?

February 17, 2012 | By JOSHUA THOMPSON

That’s exactly what plaintiffs in Iowa are trying to do. Lawyers for Iowa Democrat Attorney General Tom Miller got it right when they said, “The record simply does not support Plaintiffs’ charge that some monolithic, immutable force of bias infected the decisions made by every department, at every step, for every job, for every ye ...

Articles

More on the Supreme Court’s decision in Lewis

May 25, 2010 | By PACIFIC LEGAL FOUNDATION

Author: Joshua Thompson Having had a day to reflect on the Supreme Court’s decision in Lewis, my opinion hasn’t changed much.  The most disappointing aspect of the case remains the Court’s silence on the constitutionality of the disparate impact provisions of Title VII.  Less than a year since the Court appeared on the precipice ...