Discrimination

Crisis Standards of Care May Discriminate Against Patients With Disabilities

Crisis Standards of Care May Discriminate Against Patients With Disabilities

COVID-19 has triggered discussions around the discriminatory impacts of crisis standards of care in medicine.

Countering Bias in Algorithmic Hiring Tools

Countering Bias in Algorithmic Hiring Tools

Regulators struggle to counter bias in hiring because algorithms reproduce existing inequalities.

Resisting Regulatory Oppression of Transgender Children

Resisting Regulatory Oppression of Transgender Children

The formal and structural exclusion of transgender youth is morally wrong and unlawful.

A Trojan Horse from the Court’s Conservatives?

A Trojan Horse from the Court’s Conservatives?

Far from being narrow, the U.S. Supreme Court’s latest LGBTQ+ decision may threaten government’s overall regulatory authority.

“LGBTQ+ Need Not Apply”

“LGBTQ+ Need Not Apply”

In a ruling last week, the U.S. Supreme Court moved closer to allowing LGBTQ+ discrimination.

Rescinding the Muslim Ban Is Not Enough

Rescinding the Muslim Ban Is Not Enough

Muslims and activists call on President Biden to protect Muslims against discriminatory federal practices.

Combating AAPI Hate

Combating AAPI Hate

Scholars discuss ways to recognize and address anti-AAPI sentiment and policies.

Race Masked in Colorblind Administrative Procedures

Race Masked in Colorblind Administrative Procedures

The Supreme Court’s administrative law decisions allow racial animus to motivate policy choices.

The Past and Present of Racism in the Administrative State

The Past and Present of Racism in the Administrative State

Creating an anti-racist administrative state requires confronting and dismantling historic, systemic racism.

Small Businesses of Color Matter Too

Small Businesses of Color Matter Too

Minority-owned businesses are vital to economic growth, but discriminatory lending hinders access to credit.

AFFH and the Challenge of Reparations in the Administrative State

AFFH and the Challenge of Reparations in the Administrative State

Federal housing regulations reveal how the government has embedded racist policies in the administrative state.

Clarifying the Default for Anti-Discrimination Statutes

Clarifying the Default for Anti-Discrimination Statutes

Policy-free textual analysis wins when interpreting causation standards in statutory text for employment actions.