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February 24, 2010
Eric Holder's race-based Justice Department
Posted by Roger Clegg
"Disparate impact" lawsuits challenge decisions by employers and others that have disproportionate racial (or gender) results - even when there is no allegation that the decisions are motivated by race at all. Needless to say, this approach drives employers and others to get their numbers right through quotas or by jettisoning perfectly legitimate selection devices, like tests.

The Supreme Court's recent decision in the New Haven firefighters case should have raised red flags about this approach with the Obama administration's Justice Department, but unfortunately it has not. In fact, Attorney General Eric Holder and civil-rights division head Thomas Perez have promised to ramp up these lawsuits.

And the evidence is that they are making good on their promise. What's more, the Obama administration's proposed budget would increase the money spent on these and other race-driven initiatives.

For more information, you can look at my various posts on "The Corner" and "Bench Memos" on National Review Online (search for "Roger Clegg" and "Disparate Impact"). Some fairly recent posts are here and here and here. Also, for a longer discussion of the whole, misguided disparate-impact approach, see my discussion in The Public Interest.

Finally, check out the Center for Equal Opportunity's website for more information on these and related issues involving race and ethnicity in public policy. CEO believes that the principle of E pluribus unum should be followed - equal opportunity for all, no guarantees of politically correct results, and with no preferences and no discrimination.
02/24/10 6:30 PM
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