July 01, 2008
The DOJ Hiring Scandal - the Litigation
Posted by David Zaring

We pointed you to the hiring scandal at DOJ; now here come the "viewpoint discrimination" lawsuits.  The first doesn't look that strong to me, but remember that records statutes like the Privacy Act can often be the hook keeping litigation from being adjudged frivolous.  I don't remember reading the plaintiff's name in conjunction with any of this stuff.  But if it was disclosed to someone, he might have a case - regardless of whether he would have got the job or not (and proving that viewpoint discrimination as opposed to GPA, other deserving candidates, actually was the cause of the plaintiff not being hired by DOJ in these sorts of suits is going to be extremely difficult - I wouldn't hold my breath for an Equal Protection clause victory for that among many, many other reasons).

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Comments (1)

1. Posted by Jake on July 1, 2008 @ 21:44 | Permalink

What "hiring scandal at DOJ"? The agency has been populated for years about 9-to-1 in favor of liberals (or progressives, or whatever term suits your fancy). Is it not fair to say that hiring practices, quota based or otherwise, that serve to remediate such historical discrimination are permissible? Any hiring decisions that supposedly favored conservative candidates are no more offensive under the law than the practices of the U of Michigan law school, not long ago blessed by our very own Supreme Court.

Bah.

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