Some of you are familiar with EEOC v Kaplan, a case in which the EEOC sued Kaplan Higher Education Corporation for the crime of using background checks to screen job applicants prior to hiring them. EEOC’s case centered on the nonsense of disparate impact: in the present case, since blacks have more bad debts than whites—for reasons wholly unrelated to the questions at issue in Kaplan—they were more often disqualified from hiring by Kaplan than were whites.
The EEOC’s case was further centered on something called multicultural, multiracial, treatment outcome research. I can’t tell you what this thing is; it exists solely within the mind of EEOC’s “expert” witness, a person who has constructed this thing, whatever it is, out of the æther. Interestingly, the EEOC was unable to tell the district judge what that was, either; they elided a definition altogether.
The 6th Circuit, in upholding the district court’s dismissal of the EEOC’s case, had this to say, among other things:
The EEOC brought this case on the basis of a homemade methodology, crafted by a witness with no particular expertise to craft it, administered by persons with no particular expertise to administer it, tested by no one, and accepted only by the witness himself. The district court did not abuse its discretion in excluding Murphy’s [the “expert’s”] testimony.
This is the pseudoscience that our Progressive administration routinely brings to bear in its many wars—on religion, on women, on climate, on….
Demonstrating, perhaps accidentally, another aspect of this administration’s level of integrity, the 6th Circuit opened its opinion with this statement:
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.
The Circuit ruling can be read here.