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 ...