The Corner

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Employment Discrimination and the State of the Union


The president asserts, “My administration has a Civil Rights Division that is once again prosecuting civil-rights violations and employment discrimination.” The “once again” implies that this stopped during the Bush administration, which of course is not true. And the “employment discrimination” that the Obama administration is challenging is not really discrimination at all — it’s the use of written and physical tests that are nondiscriminatory by their terms, in their design, and in their application, but which have a politically incorrect “disparate impact” on this or that racial, ethnic, or gender group. See the most recent example, here.