EEOC justified its “Enforcement Guidance” because the imprisonment rate for black men “was nearly seven times higher than white men and almost three times higher than Hispanic men.” John McWhorter, a black professor at Columbia University, observed, “Young black men murder 14 times more than young white men.” The EEOC used statistical disparities to justify effectively designating criminal offenders as a new “protected class” under the Civil Rights Act of 1964.
The EEOC sporadically pushed this radical doctrine in earlier times but was harshly rebuffed. In 1989, the EEOC sued a Florida trucking company for refusing to hire a Hispanic applicant with multiple arrests and a prison term for larceny. Federal judge Jose Gonzalez Jr….