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An Additional Point on Racial Mirroring

Roger B. Clegg May 26, 2016
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Kudos to Professor Sidhu for his fine article on “Racial Mirroring”—the notion that, say, police departments should weigh race in their hiring in order to have a workforce that “looks like” the surrounding community—and how it “violates the Equal Protection Clause, perpetuates harmful racial stereotypes, and produces significant legal and social costs.” 

I would add only that, as dubious as such a practice is as a constitutional matter, it’s even harder to justify under the most relevant federal civil-rights statute, namely Title VII of the 1964 Civil Rights Act. I’ve discussed the problems with any nonremedial justification for racial preferences under Title VII in another Federalist Society publication here (part III, starting on p. 981). 

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