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Tag: equality under the law

December 16, 2014

How would you avoid disparate impact liability?

Disparate impact theory tells employers that they have broken the law when a concededly neutral hiring practice produces too many employees of one race and not enough of another. Let’s say you’re an employer looking to hire 20 people from a pool of 100 applicants. You give the same standardized test to all 100 applicants ...

July 16, 2013

Race-based academic goals are both offensive and ineffective

At PLF, we believe that individuals have a constitutional right to equal treatment by their government regardless of their race, and we're actively defending that right. Last year we took note when the Florida and Virginia state boards of education approved strategic plans that set different academic targets for different races. In order to get ...

April 22, 2013

Another one bites the dust

The Tennessee bill to ban race or sex preferences in government hiring, which we previously reported on here, is dead.  Readers will recall that the bill was amended at last minute to prohibit race preferences granted solely on race or sex.  Perhaps the bill's defeat was a blessing in disguise, as the amendment robbed the ...

February 01, 2013

Thoughtcrime and liability for alleged unconscious biases

In George Orwell's dystopian novel 1984, police monitored residents of Oceania for evidence of "thoughtcrime."  In Pippen v. Iowa, a case that takes the concept of unintentional discrimination to dangerous new levels, that concept doesn't seem too far away.  In Pippen, several black employees and job applicants filed a lawsuit claiming that the e ...

December 26, 2012

Sacramento Superior Court holds "public officers" can treat people differently because of race

Today we learned that the Sacramento Superior Court sustained the government’s demurrer in Connerly v. State of California.  This case challenged Government Code Section 8252 as facially unconstitutional, because it requires members of the Citizens Redistricting Commission to appoint officers to serve on the Commission according to their r ...

December 17, 2012

Minority children are not inherently deficient– so schools should stop treating them that way

The Florida Department of Education and Virginia State Board of Education recently approved strategic plans that establish different race-based academic achievement goals for K-12 students.  As we've explained before, assigning different scholastic targets based on students' races is not only patronizing – it's just plain wrong.  Such systems d ...

October 17, 2012

Setting academic achievement goals based on skin color is a “race” to the bottom of educational policy

Individuals should not be judged by the color of their skin but by the content of their character.  Most children learn that famous line from Dr. Martin Luther King Jr.'s "I Have a Dream" speech at an early age.  Unfortunately, children in Florida public schools are going to learn a very different lesson by 2018. ...

May 18, 2012

PLF continues the fight against the unconstitutional Redistricting Commission selection process

PLF filed the next round of legal documents in Connerly v. California, et al. today. First, some background. In 2008, California voters created the California Citizens Redistricting Commission. The Commission is made of 14 private citizens who are tasked with drawing California's Congressional, Assembly, Senate, and Board of Equalization Electoral ...

April 03, 2012

What equality means

At PLF we believe that equality means treating everybody equally–that the government should not treat people differently because of something as genetically insignificant as skin color. We envision a society where everyone is equal under the law. Under this vision, universities would not be able to grant preferences to college applicants j ...

February 19, 2010

What does "reverse discrimination" mean?

Author: Joshua Thompson Discrimination.  Period.  With respect to race, it means treating certain people differently because they have a certain favored or disfavored skin color. I am often dismayed by opponents of racial preferences (opponents of discrimination), or proponents of equality under the law, when they use the the term " ...