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Notes -
That's probably fair. That said, a favorable supreme court ruling might be able to make a little of a difference. The law as it exists is clear enough, just badly misinterpreted. I'd be interested in seeing the effort posts. Could they mandate some standard of evidence, with it specified what sorts of things could count? (explicit evidence of intent counts, ratios that are off does not)
If legislators really wanted to rein in rogue agencies, I bet being able to sue individual employees for agency misbehavior that they participated in would do the trick, though that could be kind of extreme and lead to further breakdown of the government.
They could try, perhaps, but if the EEOC decides to ignore that and stick to the current (academic) consensus — "ratios that are off" matter, "evidence of intent" unnecessary — what is the recourse, then
Requires a number of factors that I find unlikely, most notably cooperative courts. AIUI, there are many precedents holding a broad immunity to this sort of thing, and I doubt they'd like to weaken those. And, of course, even if Congress grants you the ability to sue, they can't grant you the ability to win. If the courts find against the plaintiff and rule that there was no "agency misbehavior" in 100% of the cases brought before them, then does it really matter?
What breakdown?
Sure, you'd have to win, but it being in external courts would help.
I suppose I meant that it could lead to more government inaction and less trust in the governement, both of which we have plenty of.
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