The American Civil Rights Project

[Alison Somin @AlisonSomin]

Very important news from @andrealucasEEOC. Withdrawal of this guidance will help ensure that employers adopt the arrest and conviction check policies that make sense for their firm’s needs, without fear of federal investigation based simply on the policy’s racial effects.

[The American Civil Rights Project @AmericanCRProj]

Great news here.
Our related amicus brief seems to have helped.

Hopefully, our merits version will similarly convince the Justices to get this one right and end rampant proxy discrimination.

https://t.co/wageywPoSI

[Chris Kieser @ckieser13]

Holy crap I'm going to SCOTUS

[The American Civil Rights Project @AmericanCRProj]

We agree!

[Joe Bingham @teafortillerman]

I cannot overstate what an exciting development this is for @AmericanCRProj!

[Alison Somin @AlisonSomin]

1. On Oct. 1, I'll be joining @AmericanCRProj as counsel. Tomorrow marks my last day @PacificLegal. Although I'll be working under a different banner, it's on behalf of the same cause - that individuals should be treated as individuals and not based on race or sex -- albeit...

[Alison Somin @AlisonSomin]

Thank you to @thedispatch for publishing my piece on the Department of Education’s move to withdraw the ABA’s accreditation authority.

[Dan Morenoff @MorenoffDan]

@CivilRights is right to investigate institutions’ use of proxies for race. When schools say they are using HBCU affiliations as a proxy for race, DOJ should believe them.

[Dan Morenoff @MorenoffDan]

As @AdamKissel and I write in a @WashTimesOpEd, It is illegal to give students an advantage because of their race. It also violates civil rights to use a proxy for race to achieve the same goal.

Even if HBCU-affiliation is the proxy… 🧵

https://t.co/nbFSZ0dRo8

[The American Civil Rights Project @AmericanCRProj]

The ruling sets aside the EPA’s allegedly disparate impact T-VI reg.  

When it becomes final, it should serve as the capstone precedent ending the debate on whether agencies can Constitutionally impose disparate-impact liability under T-VI.

They can’t.

[The American Civil Rights Project @AmericanCRProj]

This week brought a major new development in the end of disparate-impact liability, courtesy of the WDLA.

https://t.co/jYPeuUq8zH

[The American Civil Rights Project @AmericanCRProj]

So things then sat for the last 2 years. Until now. The WDLA now “agrees that a universal vacatur is warranted based on Fifth Circuit precedent.”

[The American Civil Rights Project @AmericanCRProj]

@InezFeltscher Our supporting comment is available on our website.

https://t.co/YaQahqmRc9

[The American Civil Rights Project @AmericanCRProj]

Last week, JLGC published our ED @MorenoffDan’s piece arguing @USEEOC should stop compelling all employers to classify their employees by race and sex.

Today, they formally proposed alterations to their regulations to do just that.

It’s a great day for American equality.

[Dan Morenoff @MorenoffDan]

@USEEOC continues to set the gold standard in the admin’s restoration of the equal protection of our nondiscrimination laws.

Abolishing the economy-wide compelled classification of all employees by race & sex is just, proper, and required by Congress. https://t.co/7u1R8Zj0UU

[The American Civil Rights Project @AmericanCRProj]

As @InezFeltscher points out, the comment period formally closed on Monday.

[Inez Stepman ⚪️🔴⚪️ @InezFeltscher]

Another huge W for the Trump administration on the critical issues of meritocracy and fairness in the workplace! The EEOC (agency tasked with enforcing civil rights of employees) is taking steps toward stopping all race and sex data collection from employers.

I explained a bit at NR about how bean-counting data collection has fueled discrimination against whites and men at work here:

"If you combine the reality of disparities with demographic data enforcement, it’s easy to see why so many employers have bent over backward to implement DEI schemes and have concerned themselves greatly with the ethnic rainbow ratios of their C-suites. The only way they could cook the books to make them “equitable” on the mass-reported data level was to engage in de facto discrimination against the “overrepresented” — whites, males, Asians, and other unfortunate casualties of our racial reckoning...

All the agency has proposed to discontinue is automatically treating every medium-to-large American corporation as “systemically” racist, while declining to provide both the government and activist groups with a fertile trough of data with which to go disparate-impact digging. In doing so, it will be removing a huge malincentive for them to actually discriminate against American workers for nothing but the color of their skin and how they appear in a government spreadsheet."

https://t.co/AKpN4pg2b0

[The American Civil Rights Project @AmericanCRProj]

SCOTUS should take the case. When it does, it should make clear that the answer remains “yes” and that Equal Protection remains an individual right to be treated fairly, rather than a protection that kicks in only when intentional discrimination exceeds racial balance.

[The American Civil Rights Project @AmericanCRProj]

The ACR Project led a coalition of amici in drafting and filing at SCOTUS a brief supporting AFEF’s cert. petition in their challenge to the proxy discrimination of MoCo’s public school system.  Link in the next.

[The American Civil Rights Project @AmericanCRProj]

This leaves just the pure legal issue: does intent matter at all when a targeted group even partially defeats the effort to suppress its success?