==Posting article from notable last thread I can’t find now
RIP Disparate Outcomes, Credentialism, and the Russian Collusion Hoax 1/3
Reams have been written about the latest revelations in the Russian collusion hoax that so hamstrung President Trump’s first term. I will summarize below the most important revelations.It’s clear the Administration is taking its time to reveal the investigation’s conclusions for maximum impact an impact that I, like Scott Adams, believe will result in arrests of a number of people who pulled off this fraud. But first I want to discuss something which has not received the kind of attention it deserves the death of the legal consequences for disparate outcomes and credentialism.
The Death of Disparate Outcomes
Forty-four years ago, the federal government enteredinto a consent decree in which it agreed to scrap the Professional and Administrative Career Examination(PACE). It agreed then withthe plaintiffs that the test resulted in disparate outcomes, (42.1 percent of white examinees passed the minimumand only 5 percent of black examinees and 12.9 percent of Hispanic examinees did). This weekthe department moved to vacate that consent decree and the court did so.
WASHINGTON - Today, the Justice Department’sCivil Rights Divisionended a court-imposed decree initiated by the Carter administration, which limited the hiring practices of the federal government based on flawed and outdated theories of diversity, equity, and inclusion.==
In Luevano v. Ezell, the Court dismissed a consent decree based on a lawsuit initially brought by interest groups representing federal employees in 1979.The decree entered in 1981 imposed draconian test reviewand implementation procedures on the Office of Personnel Management and consequently all other federal agencies requiring them to receive permission prior to using any tests for potential federal employees,in an attempt to require equal testing outcomes among all races of test-takers.
“It’s simple, competence and merit are the standards by which we should all be judged; nothing more and nothing less,” said U.S. Attorney Jeanine Pirro. “It’s about time people are judged, not by their identity, but instead “by the content of their character.””
“For over four decades, this decree has hampered the federal government from hiring the top talent of our nation,” said Assistant Attorney General Harmeet K. Dhillon of the Civil Rights Division. “Today, the Justice Department removed that barrier and reopened federal employment opportunities based on merit – not race.”
The shift means the federal government can again test applicants for competence. I believe this change will free up private employers as well toresume appropriate testing for open positions as courts no longer consider disparate impact. (In higher education, the Supreme Court has already removed the status of disparate impact.)
This shift, in a well-argued article by “Cremieux,”marks the death of credentialism, which “has polluted the American psyche for generations, and it has impaired the functioning of the job market and the government in the process. At one point, it was believed to be necessary, if not useful, good, and perhaps even complementary to meritocracy. But that belief is delusional, and we are all now victims of credentialism.”
As a result of Luevano, OPM (Office of Personnel Management)tried to create “a new test that could predict job performanceon which, black, Hispanic and white applicants would perform approximately qualify.”None of the six tests they developed could do so, so the federal government was forced to give undue weight to credentials.
Today, the disparate impact doctrine is finally after decades of unrelenting wins racking up defeats. Disparate impact cases against police and fire departments are being dismissed, precedents are being overturned, and, amazingly, consent decrees once considered sacred, which barred the application of tests are being challenged. The most recent and portentous example of this is the Trump administration’s attempt to overturn the Luevano Consent Decree that has barred civil service examinations.
On its own,dissolving Luevanois an incredible andunexpected piece of progress away from credentialismand towards a world where selection is possible again. Most importantly, it signals that the new administration in Washington has agrander goal: ending all Title VI disparate impact regulations and setting up a series of court casesto kick off which will quite likely make the use of tests in the private sector feasible again.
https://www.americanthinker.com/articles/2025/08/rip_disparate_outcomes_credentialism_and_the_russian_collusion_hoax.html