Discrimination law roundup

  • Texas Gov. Greg Abbott signs into law two doubtfully constitutional bills applying to campuses an overbroad, subjective definition of sexual harassment, and requiring all college employees to report such conduct on pain of criminal penalty [Tyler Coward, FIRE]
  • New York adopts workplace harassment law that’s much more speech-hostile than federal, including a dropping of the requirement that prohibited expression be “severe or pervasive” [Hans Bader; Wiggin & Dana, NLR; Douglas Oldham, Barnes & Thornburg]
  • One to watch: SCOTUS will decide standard for proving s. 1981 discrimination claims, in case accusing Comcast of bias in not carrying programming of black network [ABA Journal]
  • A thumbs-down review: “The Kamala Harris Plan to Address the Gender Pay Gap,” Cato Daily Podcast with Ryan Bourne and Caleb Brown;
  • Even when there’s nothing unlawful about an eviction, city bars landlords from telling tenants they’re being evicted for discriminatory reasons. Laws banning truthful business speech about lawful conduct should trip First Amendment review [Ilya Shapiro on Cato amicus brief in Seeberger v. Davenport Civil Rights Commission]
  • Second Circuit withdraws decision that held landlords liable for tenant-on-tenant harassment under Fair Housing Act [Scott Greenfield, earlier]

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