Lake Erie Conservative

thoughtful discussion(s) about issue(s)

Posts Tagged ‘disparate impact’

… You Figure that They would have Learned by Now [#EEOC][#disparate impact]…

Posted by paulfromwloh on Saturday,August 20th,2016

.. it appears not ..

.. in a surprising 7 – 3 decision at the D.C. Appeals Circuit , the E.E.O.C. was told to take its ” disparate impact ” theory of legal interpretation , and go home and stuff it in the cushion ..

.. [h/t —]..
.. [link] to the blog post ..

.. E.E.O.C. wanted to apply disparate impact to employers ‘ use of criminal background checks . What they tried to argue was that the use of this had an undue [or disparate] impact on minorities [blacks and Hispanics] ..

.. so what did the D.C. Circuit tell them ?? Go stuff it .. not only that , but it slapped the E.E.O.C. with a levy of $4 million in legal fees for those of the attornyies of the affected businesses …


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… His Lordship may have the Power …

Posted by paulfromwloh on Monday,April 28th,2014

.. but it does not mean that it is right ..

.. my understanding is that His Lordship (Obama) is planning to grant clemency (possibly even reprieves , or even pardons) to hundreds , thousands , possibly even tens of thousands of criminals . Well , under the U.S. Constitution , he does have that power ..

.. it does not mean that it is right ..

.. [h/t — theRightScoop]..
.. [link] to the interview footage [interview of Andrew McCarthy by Megyn Kelly on FNC’ s ” the Kelly File . ”

.. more to come on this one …

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… the ObamaCrap EEOC goes to school …

Posted by paulfromwloh on Sunday,April 27th,2014

.. at least , so far , in court ..

.. the ObamaCrap E.E.O.C. wants to adopt what is known as the ” disparate impact ” legal standard . Not only them , they are heavily pressuring both the public sector and the private sector to adopt it , as well . Normally , discrimination by its very definition requires there to be intent of it . With the ” disparate impact ” doctrine , it is only a showing by the numbers , and the numbers alone . Then , the burden shifts to show that the other side does so as a ” bona fide ” reason ..

.. ” Disparate Impact ” has never been upheld . Never , anywhere . It is not moral or logical . It is immoral . Well , the ObamaCrap EEOC got called on the carpet on it by the 6th Appeals Circuit ..

.. [h/t — theGatewayPundit]..
.. [link] to the blognews …

.. the lines from the decision are the easiest to understand …

More idiocy from the Obama administration–
This week the commission got schooled by a federal judge who noted in the first line of her decision that the defendant Kaplan uses the same practices as the EEOC.

KETHLEDGE, Circuit Judge. In this case the EEOC sued the defendants for using the same type of background check that the EEOC itself uses. The EEOC’s personnel handbook recites that “[o]verdue just debts increase temptation to commit illegal or unethical acts as a means of gaining funds to meet financial obligations.” Because of that concern, the EEOC runs credit checks on applicants for 84 of the agency’s 97 positions. The defendants (collectively, “Kaplan”) have the same concern; and thus Kaplan runs credit checks on applicants for positions that provide access to students’ financial-loan information, among other positions. For that practice, the EEOC sued Kaplan.

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