New York Paralegal Blog

For decades, the path to a meaningful job for Black and minority Americans was protected by laws that looked not just at intention, but at results. In 2026, those protections are shifting; from the halls of the EEOC to the Supreme Court, a new era of "colorblind" law is emerging, and it carries hidden dangers for minority employment. 1. The Big Shift: Goodbye to "Disparate Impact" Historically, you didn’t have to find a "smoking gun" memo saying "Don't hire Black people" to win a discrimination case. Under a rule called Disparate Impact, you only had to prove that a company’s "neutral" policy, such as requiring a credit check or a degree for a job that doesn't need one, unfairly screened out Black applicants. The 2026 Reality: The Department of Justice and the EEOC have signaled a retreat from these cases. Now, the law is moving toward an "intent-only" framework; if a company uses a "Bachelor’s Degree ...

By: Joel Irving  Welcome to the first installment of our four-part series delving into the complex and often contentious topic of Affirmative Action. This discussion aims to move beyond soundbites and explore the nuanced perspectives surrounding these policies. In this initial piece, we'll examine the core ideal of meritocracy, a vision often championed by figures like Candace Owens, and contrast it with the less-than-perfect reality of human behavior and historical discrimination. Candace Owens often champions a vision of a colorblind society where individuals are judged solely on their merit. It's a powerful and, in many ways, appealing ideal. The notion that every person, regardless of their background, should have an equal opportunity to succeed based purely on their qualifications, hard work, and talent – whether in securing a job or gaining admission to a top-tier university – resonates deeply with the American dream. In a truly perfect world, this is precisely how thing...

Affirmative action in college admissions is a complex and often misunderstood policy. Its core purpose is to create a more diverse student body, recognizing that factors beyond test scores and grades can indicate a student's potential for success and their contribution to the academic community. The argument for affirmative action rests on several key points:  * Holistic Review: Affirmative action is typically part of a holistic admissions process. This means colleges consider a wide range of factors, including academic achievement, socioeconomic background, personal experiences, leadership skills, and potential contributions to the university. It's not simply about admitting underqualified students based on race; it's about recognizing the value of diverse perspectives and experiences in a learning environment.  * Addressing Systemic Disadvantage: Affirmative action acknowledges that systemic inequalities can create barriers for students from disadvantaged...