The Center for Equal Opportunity is pleased to join other civil liberties and civil rights organizations in welcoming the effective date today of the new federal Department of Education rules for universities and K-12 schools to use in investigating and adjudicating accusations of student- on-student sexual harassment and assault. Adopted in May after a careful process that took more than two years and considered more than 124,000 comments on the proposed rules, the regulations will require educational institutions to act impartially and without bias or prejudgment and to use procedures including live hearings, cross-examination of all witnesses, and other procedures …
Woody Allen and Affirmative Action
In his recently published memoir, Woody Allen writes: I’ve taken some criticism over the years that I didn’t use African-Americans in my movies. And while affirmative action can be a fine solution in many instances, it does not work when it comes to casting. I always cast the person who fits the part most believably in my mind’s eye. He’s strictly meritocratic, in other words. As he has said elsewhere: “I cast only what’s right for the part. Race, friendship means nothing to me except who is right for the part.” In light of Mr. Allen’s insistence that, nonetheless, “affirmative …
It’s Not That Complicated
The struggle against the Left on racial matters — in which I include politically correct race-based decisionmaking, identity politics, and related and supporting ideologies — is part legal and part cultural. The legal part is straightforward enough and is going tolerably well. The Center for Equal Opportunity opposes the use of racial preferences, which are now legally constrained to a degree but still far too common in education, employment, and contracting; and it opposes the use of the “disparate impact” approach in the enforcement of our civil-rights laws, which is likewise constrained but not nearly enough. I’m reasonably optimistic right now that we will continue to make progress — maybe …
Good Briefs in the Harvard Case
Kudos to the Department of Justice for the amicus brief it filed last week on behalf of the Asian-American plaintiffs in their lawsuit against Harvard University for its use of racial preferences in student admissions. Bear with me while I give a little more detail on why the brief deserves special praise. The law requires that, when race is considered in student admissions — as Harvard admits it is here — the school do so only in a way that passes the two prongs of “strict scrutiny”; that is, that the discrimination be “narrowly tailored” to a “compelling interest.” Alas, …
We Need More Bills Like This
A bill banning preferential treatment on the basis of race, ethnicity, and sex in public contracting, education, and employment — a.k.a. “affirmative action” — has advanced through the Idaho legislature’s relevant house committee. The heart of the bill is straightforward and should not (in a sane world) be controversial: “The state shall not discriminate against, or grant preferential treatment to, any individual or group on the basis of race, sex, color, ethnicity, or national origin in the operation of public employment, public education, or public contracting.” Whatever finally happens in Idaho, here’s hoping that state legislators in more states follow Idaho representative …
Bad Old Regulations
The Center for Equal Opportunity last week submitted a formal comment on a notice of proposed rulemaking by the Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP). The matter involves “Nondiscrimination Obligations of Federal Contractors and Subcontractors: Procedures to Resolve Potential Employment Discrimination.” Set out below is our actual comment, which is quite brief. It incorporates, however, the analysis from a law review article that I wrote and specific edits to the existing regulations. Both the law review article and the edits are posted on our website, and you can click on the links to them. As a …
Washington University Complaint 2019
Washington University Complaint 2019 Related posts: CEO’s Successful Challenge to Racial Preferences in Admission at Texas Tech Politicized external review panels as unguided “diversity” missiles: California university administrators remain ultra-slow learners Congratulations to Texas Tech! TESTIMONY OF ROGER CLEGG, PRESIDENT AND GENERAL COUNSEL, CENTER FOR EQUAL OPPORTUNITY BEFORE THE U.S. COMMISSION ON CIVIL RIGHTS REGARDING THE PROPOSED EMPLOYMENT NON-DISCRIMINATION ACT
The Fate of Preferences
An Original Intention In her decision in the Harvard race case, released in September, Judge Allison Burroughs observed that “it was always intended that affirmative action programs be limited in duration.” The judge was right. That was the intention, as Justice O’Connor demonstrated long ago. In her opinion for the Court in 2003 in Grutter v. Bollinger, still the leading race-based admissions case, O’Connor repaired to first principles in quoting a 1984 case, Palmore v. Sidoti, specifically its teaching that “a core principle” of the Fourteenth Amendment was “to do away with all governmentally imposed discrimination based on race.” Accordingly, …
Discriminating Pitches
Make the Game Open to All Baseball is my sport, I once wrote in this space. So why must Major League Baseball continue to encourage discrimination on the basis of race and sex in its business operations? MLB does not see its Diversity Fellowship Program as discriminatory, but how can it not be? The program is for recent college graduates aiming to have a business career in baseball. You need a grade point average of at least 3.0. Degrees in economics, analytics, computer science, applied mathematics, law and business are “strongly” encouraged, which is good. Disappointing to me is that …
More on Harvard
Recently the James G. Martin Center for Academic Renewal was kind enough to ask me to write for them on the decision last month in the Harvard case, in which the school is accused (rightly, in my view) of discriminating in its admissions against Asian Americans. Here’s what I wrote for them. In a long-awaited decision, federal trial judge Allison Burroughs has ruled that, while Harvard does consider a student’s race in determining who gets in and who doesn’t (“the use of race in and of itself is admitted”), nonetheless Harvard is not breaking the law. That outcome was not …








