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No Harm, No Fraud: The Invalidity Of State Fraud Claims Brought Against Employment Testers, Robert T. Roos
No Harm, No Fraud: The Invalidity Of State Fraud Claims Brought Against Employment Testers, Robert T. Roos
Vanderbilt Law Review
In the summer of 1995, two female African-American students at Northwestern University began their summer jobs as part of the Legal Assistance Foundation of Chicago's ("LAFC") employment discrimination testing project.' The women, Kyra Kyles and Lolita Pierce, were hired as employment "testers" for the project, where they were to gather data about Chicago-area employers by taking part in the application process for numerous potential jobs. As part of the testing process, the project manager paired Kyles and Pierce with two white female LAFC employees, forming a pair of interviewing teams that each consisted of one African-American tester and one white …