The Equality Act Has a Foundational Legal Problem
It sweeps beyond the legitimate scope of nondiscrimination law.
|David French||Feb 25||199||309|
Let’s begin with a simple question. What’s the purpose of nondiscrimination law? As a general matter, such laws are not designed to eliminate all discrimination on the basis of the protected characteristic. Instead, the desire is to eliminate invidious discrimination. The phrase “invidious discrimination” is critical. It…