So suggests an article in the Chronicle of Higher Education, The Demise of Disparate-Impact Liability, which carries the subhed The Education Department’s decision to eliminate a civil-rights enforcement tool strikes some as hypocritical. Here’s an excerpt:
[C]ritics say the administration is relying on the kind of statistical evidence used in disparate-impact cases to crack down on medical schools. On Wednesday, the Education Department announced that it was investigating five medical schools over alleged racial discrimination in admissions.
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[T]he investigations of medical schools seem to be relying on the same kind of statistical evidence the Trump administration condemns as insufficient for disparate-impact cases, according to Beth Gellman-Beer, a lawyer with Evergreen Education Solutions who spent nearly two decades working in education law and civil-rights enforcement with the Department of Education’s Office for Civil Rights.
