In this recent post I linked the Daily Caller‘s report that Sixth Circuit Court of Appeals had just ruled against the EEOC, calling it “hypocritical” for “for using the same type of background check that the EEOC itself uses.”
Now comes Roger Clegg, noting that the “Pacific Legal Foundation … filed an excellent amicus brief in the case, which the Center for Equal Opportunity joined,” and submitting via email the following additional comments:
Your Tax Dollars in Action: Followup
Last year I wrote (here) about the Equal Employment Opportunity Commission’s ridiculous “disparate impact” lawsuit against Kaplan Higher Learning Corp. The Obama Administration sued Kaplan for running credit checks on employee applicants – similar, by the way, to the ones the EEOC itself uses. Kaplan had learned that some of its employees had misappropriated student payments and, to provide safeguards against this behavior, it began screening its applicants for major red flags in their credit history. The EEOC sued Kaplan, arguing that it cannot use credit checks, because use of credit checks has a disparate impact on black applicants.
Anyway, putting aside the inherent dubiousness of the whole lawsuit, there were also severe methodological problems with the Obama Administration’s evidence, which relied on “race raters” to determine, by scrutinizing driver’s license photos, the race of the applicants. So the trial judge threw out the case. Today, I’m happy to report, the court of appeals affirmed that decision – and in no uncertain terms, I might add, much I’m sure to the Obama administration’s chagrin.
