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Harassment, Sexual, Racial, or Religious

The Hijab Case

Short video with Rachel Paulose discussing EEOC v. Abercrombie
Rachel K. Paulose February 26, 2015

Former US Attorney for Minnesota, Rachel Paulose, explains the issues in dispute before the Supreme Court in EEOC v. Abercrombie in which a 17-year-old Muslim applicant alleges employment discrimination when Abercrombie refused to hire her as a "model" because of her religious head-covering.  Abercrombie denies the allegation.

As always, the Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speaker.

Sexual Assault on Campus - Event Video

2014 National Lawyers Convention
Heather MacDonald, Seth Galanter, Lara S. Kaufmann, Greg Lukianoff, Diane S. Sykes, Gail Heriot November 17, 2014

Sexual assault on campus is a serious issue—so serious that it is difficult for some to speak plainly about it.  As a result, disagreements abound—even about issues as fundamental as the definition of sexual assault.  This panel will discuss the nature and extent of sexual assault on campus.  It will examine the Department of Education’s “Dear Colleague” letter of April 4, 2011 on sexual violence, the numerous investigations that it has opened in colleges and universities around the country, and the effect they are having on campus.  It will also discuss the new  "Only Yes Means Yes," laws recently adopted in California and being considered around the country.  Among the questions that will be addressed are: How dangerous are our college campuses?  From where does the U.S. Department of Education derive the authority to address this issue?  Is due process being accorded to those who are accused of sexual assault?

The Federalist Society's Civil Rights Practice Group presented this panel on "Sexual Assult on Campus" on Friday, November 14, during the 2014 National Lawyers Convention.

Featuring:

  • Ms. Heather Mac Donald, Thomas W. Smith Fellow, Manhattan Institute
  • Mr. Seth Galanter, Principal Deputy Assistant Secretary, Office for Civil Rights, U.S. Department of Education
  • Ms. Lara S. Kaufmann, Senior Counsel & Director of Education Policy for At-Risk Students, National Women's Law Center
  • Mr. Greg Lukianoff, President, Foundation for Individual Rights in Education
  • Moderator: Hon. Diane S. Sykes, U.S. Court of Appeals for the Seventh Circuit
  • Introduction: Hon. Gail Heriot, U.S. Commission on Civil Rights, and Professor, University of San Diego School of Law; and Chairman, Civil Rights Practice Group

Mayflower Hotel
Washington, DC

Passion and Prudence in the Political Process: The Debate Over Federal Civil Rights Policy - Event Audio/Video

Civil Rights in the United States
Diana Furchtgott-Roth, Lara S. Kaufmann, Gail Heriot, Robert Barnes September 14, 2014

Emotions sometimes run high in the public debates over race and gender issues. Some claim that public passions can obscure facts and result in ill-considered policy. Many observers have bemoaned the public rhetoric surrounding the recent events in Ferguson, Missouri as more inflammatory than constructive. Another example can be found in criticism over President Obama’s use of a misleading, or at least contestable, figure in his 2014 State of the Union address: “Today, women make up about half our workforce. But they still make 77 cents for every dollar a man earns. That is wrong, and in 2014, it’s an embarrassment. A woman deserves equal pay for equal work.” But equal pay for equal work has been the law since 1963, and some researchers have questioned whether the pay gap exists in reality to the same extent it does rhetorically. Are similarly emotional arguments being used in the debates over sexual assault in the military, hate crimes, and harassment and bullying in public schools? This panel will explore the concerns over this problem and its policy consequences.

This panel on "Passion and Prudence in the Political Process: The Debate Over Federal Civil Rights Policy" was part of a day-long conference on Civil Rights in the United States held on September 9, 2014, and co-sponsored by the Federalist Society's Civil Rights Practice Group, the Cato Institute, and the Heritage Foundation.

Featuring:

  • Ms. Diana Furchtgott-Roth, Senior Fellow, Manhattan Institute for Policy Research
  • Ms. Lara S. Kaufmann, Senior Counsel & Director of Education Policy for At-Risk Students, National Women's Law Center
  • Hon. Gail Heriot, Professor of Law, University of San Diego School of Law and Commissioner, U.S. Commission on Civil Rights
  • Moderator: Mr. Robert Barnes, Supreme Court Correspondent, The Washington Post

The Mayflower Hotel
Washington, DC

Racial Preferences and Promoting Diversity: Are These Policies Taking Us in the Right Direction? - Event Audio/Video

Civil Rights in the United States
Hans Bader, Louis Michael Seidman, Stuart S. Taylor, Roger Pilon September 14, 2014

The Obama administration is widely perceived to be an avid proponent of racial preferences. As Attorney General Eric Holder said in 2012, “The question is not when does [affirmative action] end, but when does it begin.” Several landmark pieces of legislation that President Barack Obama has signed into law—primarily on other topics, such as the Dodd Frank Wall Street Consumer Protection and Reform Act and the Patient Protection and Affordable Care Act—have expanded racial preferences in federal hiring, contracting, and at regulated entities. The president has also issued multiple executive orders and related instructions that aggressively seek to expand the numbers of women and minorities in the federal workforce. The Obama administration’s response to Fisher v. University of Texas, 133 S. Ct. 2411 (2013), which directed courts to use strict scrutiny in analyzing whether admissions policies are narrowly tailored to achieve universities’ diversity goals, may be another such example. After Fisher, officials at the Departments of Education and Justice produced guidance documents that have been read to assure colleges and universities that they could continue using large racial preferences in student admissions. This panel will explore this proliferation of racial preferences and the likely effects of such policies. Among other things, panelists will discuss evidence that racial preferences in education do more harm than good to their intended beneficiaries, resulting in fewer under-represented minorities going on to high-status careers. The panel will also discuss efforts to protect women and minorities from ill-defined “harassment” as a means of maintaining diversity in the workplace and on campuses—and how these efforts may raise First Amendment concerns and create perverse incentives to discriminate against persons who are perceived as likely to view innocent or trivial workplace and campus interactions as harassment.

This panel on "Racial Preferences and Promoting Diversity: Are These Policies Taking Us in the Right Direction?" was part of a day-long conference on Civil Rights in the United States held on September 9, 2014, and co-sponsored by the Federalist Society's Civil Rights Practice Group, the Cato Institute, and the Heritage Foundation.

Featuring:

  • Mr. Hans Bader, Senior Counsel, Competitive Enterprise Institute
  • Prof. Louis Michael Seidman, Carmack Waterhouse Professor of Constitutional Law, Georgetown University Law Center
  • Mr. Stuart S. Taylor, Jr., Nonresident Senior Fellow in Governance Studies, The Brookings Institution
  • Moderator: Dr. Roger Pilon, Vice President for Legal Affairs, B. Kenneth Simon Chair in Constitutional Studies, and Director, Center for Constitutional Studies, Cato Institute

The Mayflower Hotel
Washington, DC