Articles

On this blog we have often talked about the perils of disparate impact theory. Disparate impact forces employers to use a race-first mentality to hiring, firing, and promotion decisions.  As I wrote in this op-ed in the Washington Times, “instead of focusing on concrete examples of bias by identifiable bureaucracies or individuals, disparat ...

The Obama Administration recently sent a warning to the nation’s schools to not racially discriminate against students.  The warning came in the form of a “dear colleague” letter, which explains how the U.S. Departments of Justice and Education interpret Titles IV and VI of the Civil Rights Act of 1964. The controversial part of ...

A few months ago, I wrote about the Obama Administration’s announcement that it would apply disparate-impact theory to schools’ discipline policies. According to the Administration, a school presumably violates multiple federal laws if it punishes students of any particular race or gender at a disproportionate rate. … ...