tag:blogger.com,1999:blog-31670799.post1432517913571712407..comments2023-11-02T09:44:15.693-04:00Comments on The Center for College Affordability and Productivity: Ricci v. DeStafano and Higher EducationCenter for College Affordability and Productivityhttp://www.blogger.com/profile/18041956958538598371noreply@blogger.comBlogger1125tag:blogger.com,1999:blog-31670799.post-64699806780873907022009-07-01T16:13:55.915-04:002009-07-01T16:13:55.915-04:00I wouldn't get your hopes up too much. This ca...I wouldn't get your hopes up too much. This case was very straightforward in the sense that there was an objective test with many people taking it, and then it was thrown out. The discrimination that goes on in hiring (the subtle quotas that this department needs to hire a woman or particular minority) is much harder to prove, especially when only one person is hired out of a pool of hundreds. Phone calls and conversations with affirmative action officers are not recorded.<br /><br />Also disappointing is that this decision doesn't involve the constitution at all, as Scalia points out. In theory Congress could change the law tomorrow and render the entire decision moot. I would much prefer a ruling saying that disparate impact is unconstitutional.davidjhemmerhttps://www.blogger.com/profile/15557657307865513144noreply@blogger.com