Equal Employment Opportunity Commission

August 15, 2017|Equal Employment Opportunity Commission, Hively v. Ivy Tech Community College, LGBT non-discrimination

Showdown Coming over Antidiscrimination Law

A recent prediction in this space turned out to be premature. In my post about the Seventh Circuit’s en banc decision in Hively v. Ivy Tech Community College[1]—which held that the word “sex” in Title VII of the Civil Rights Act of 1964 [2] includes “sexual orientation”—I forecast that the U.S. Supreme Court would grant cert and reverse the Seventh Circuit. For unknown reasons, the defendant-employer in Hively decided not to seek appellate review of the controversial ruling, foiling my prophesy. Instead, Ivy Tech Community College in Indiana will defend Hively’s employment-discrimination lawsuit on the merits.

February 20, 2015|civil rights, Equal Employment Opportunity Commission, Freedom of Association, Gay Rights

Flowers and Headscarves, Oh My!

by Michael S. Greve|

Have you heard the one about the Christian florist who declined to sell flowers for a gay wedding? She got sued by the Washington AG and by the ACLU. In a 60-page opinion, a state judge ruled against her. The florist is appealing. Also, she has since stopped selling flowers for any kind of wedding, lest “discrimination” break out yet again.

Have you heard the one about the young lady who showed up for a job interview with Abercrombie & Fitch wearing a black headscarf? You will: her fate is at issue in Equal Employment Opportunity Commission v. Abercrombie & Fitch, pending before the Supreme Court. Abercrombie’s strict regulations of its floor “models’” attire and appearance include a prohibition against headgear.

May 20, 2014|Clarence Thomas, Equal Employment Opportunity Commission, Jill Abramson, Ken Masugi, Natural Law, Originalism

Jill Abramson: Model Liberal Journalist

by Ken Masugi|

The firing of New York Times editor Jill Abramson has excited controversies for the wrong reasons. The bicker over sex discrimination ignores the most fundamental issue: her integrity as a journalist.

April 9, 2013|Disparate Impact, Equal Employment Opportunity Commission, Office of Federal Contract Compliance and Programs, Thomas Perez

Perez, the Prez, and Preferences

by Ken Masugi|

With the enormous powers he would wield to expand racial and gender preferences in a large sector of employment, Tom Perez’s nomination as Secretary of Labor provides an opportunity to shed light on disturbing civil rights-enforcement practices.[i] Given their record, a Secretary Perez and the President would work together to increase incompetent bureaucracies’ power over hiring and promotion policies of federal contractors.

April 9, 2012|Age Discrimination in Employment Act, Civil Rights Movement, Equal Employment Opportunity Commission, Government Solutions

The State and Race Equality

by Richard M. Reinsch II|

From Lee Strang's excellent review of Richard Thompson Ford's Rights Gone Wrong: How Law Corrupts the Struggle for Equality: After reading, in the first four chapters, Ford’s relatively detailed description of the civil rights movement’s pathologies, I was surprised by the relative thinness of his recommendations. Indeed, Ford recognizes that his prescriptions are insubstantial stating that “begin is all I aspire to have done in this book.” However, Ford’s move toward an administrative solution is open to obvious counter-arguments that he neither raises nor addresses, and Rights Gone Wrong would have been more persuasive had he done so. Relatedly, Ford’s continual…

April 9, 2012|Brown v. Board of Education, Civil Rights Movement, Equal Employment Opportunity Commission, Equality

Law, Race, and Equality

by Lee J. Strang|

Discussion of race in America is a minefield, one strewn with casualties. Charles Murray is only the most prominent in a line of scholars whose work on the subject proved to be professionally costly. Richard Thompson Ford, the George E. Osborn Professor of Law at Stanford Law School, has repeatedly waded into this dangerous thicket, and his most recent addition is Rights Gone Wrong: How Law Corrupts the Struggle for Equality. Rights Gone Wrong joins two previous works in the same field, The Race Card and Racial Culture, by Ford. Rights Gone Wrong is a well-written and provocative analysis of the…

A Mirror of the 20th-Century Congress

by Joseph Postell

Wright undermined the very basis of his local popularity—the decentralized nature of the House—by supporting reforms that gave power to the party leaders.

The Graces of Flannery O'Connor

by Henry T. Edmondson III

O'Connor's correspondence is a goldmine of piercing insight and startling reflections on everything from literature to philosophy to raising peacocks.

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