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

January 02, 2014 | By ANASTASIA BODEN

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 disparate impact on minority applica ...


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

October 16, 2013 | By ANASTASIA BODEN

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 cases lately, and its case against Kaplan is representative.  Like many compan ...


EEOC suffers another smackdown by federal court

August 13, 2013 | By JOSHUA THOMPSON

Earlier this year, we discussed the pernicious use of “race-raters”  by the Equal Employment Opportunity Commission in EEOC v. Kaplan.  In that case, Kaplan began doing credit checks on applicants seeking positions of trust within the company, but refused to ask the applicants to indicate their race.  The EEOC found this race-neutra ...


The EEOC continues to take a beating in the Kaplan case

May 08, 2013 | By JOSHUA THOMPSON

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 have “financial stress.”  Kaplan had never inquired into the race of the applic ...


To the government, skin color is all that matters

January 31, 2013 | By JOSHUA THOMPSON

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 does the University determine when classrooms are diverse? …  Do they go about, classroom by classroom, deciding how man ...