Chairman, Center for Equal Opportunity
Linda Chavez is Chairman of the Center for Equal Opportunity. She has published opinions and columns in newspapers across the country and appears regularly on cable news. Chavez is the author of the three books: Out of the Barrio: Toward a New Politics of Hispanic Assimilation, An Unlikely Conservative: The Transformation of an Ex-Liberal, and Betrayal: How Union Bosses Shake Down Their Members and Corrupt American Politics. She has been honored by the Library of Congress as a "Living Legend" and as nominee for Secretary of Labor by President George W. Bush.
Chavez has held many appointed positions and has served on numerous corporate and nonprofit boards. Among her appointed positions has been Chairman, National Commission on Migrant Education (1988-1992); White House Director of Public Liaison (1985); Staff Director of the U.S. Commission on Civil Rights (1983-1985); and member of the Administrative Conference of the United States (1984-1986). Chavez was also the Republican nominee for U.S. Senator from Maryland in 1986 and was elected by the United Nations' Human Rights Commission to serve a four-year term as U.S. Expert to the U.N. Sub-commission on the Prevention of Discrimination and Protection of Minorities.
Chavez earned her BA from the University of Colorado.
Professor of Law, University of San Diego School of Law (Retired)
Gail Heriot is a recently retired law professor from the University of San Diego. She also served as a member of the U.S. Commission on Civil Rights from 2007 to 2025. She is also the chairman of the board of the American Civil Rights Project and the chair emerita of the Civil Rights practice group at the Federalist Society for Law & Public Policy.
Professor Heriot is a prolific writer in the area of civil rights. She is the author of many law review articles. She is also the editor (along with Maimon Schwarzschild) of the 2021 anthology, A Dubious Expediency: How Race Preferences Damage Higher Education. Her upcoming book is entitled, Why We Walk on Eggshell: How Our Civil Rights Laws Helped Bring About the Woke Era—And the Trump Era, Too.
Her writings for a general audience have appeared in the Wall Street Journal, the San Diego Union-Tribune, the National Review and many other newspapers and magazines.
In 1996, she co-chaired the successful “Yes on Proposition 209” campaign, which amended the California Constitution to prohibit state-sponsored discrimination or preferential treatment based on race, sex, color, ethnicity or national origin. In 2020, she co-chaired the “No on Proposition 16” campaign, which successfully prevented Proposition 209’s repeal.
Executive Director & Secretary, American Civil Rights Project
Dan Morenoff is the executive director at the American Civil Rights Project and an adjunct fellow at the Manhattan Institute.
His work focuses on protecting and, where necessary, restoring the primacy of all Americans' shared civil rights against the identitarian alternative.
Before practicing law, Morenoff served on the legislative staff of Sen. Phil Gramm (R-TX). Morenoff holds a B.A. from Columbia College of Columbia University in the City of New York and a J.D. from the University of Chicago Law School. He has also served as an officer or director of several community organizations in Dallas, Texas.
Executive Director & Secretary, American Civil Rights Project
Dan Morenoff is the executive director at the American Civil Rights Project and an adjunct fellow at the Manhattan Institute.
His work focuses on protecting and, where necessary, restoring the primacy of all Americans' shared civil rights against the identitarian alternative.
Before practicing law, Morenoff served on the legislative staff of Sen. Phil Gramm (R-TX). Morenoff holds a B.A. from Columbia College of Columbia University in the City of New York and a J.D. from the University of Chicago Law School. He has also served as an officer or director of several community organizations in Dallas, Texas.
Executive Director, Southeastern Legal Foundation
Kimberly Hermann serves as Executive Director for Southeastern Legal Foundation.
Kim has worked with Southeastern Legal Foundation since 2009. Her belief in liberty and desire to serve started at a young age – instilled by her parents’ dedication to hard work, family values, and love for America.
After earning her undergraduate degree in Analytical Finance and graduate degree in Accounting from Wake Forest University, Kim worked as a licensed CPA with an international accounting firm. But her strong belief in individual liberty, the rule of law, and accountability in government led her to pursue a career in law. While in law school at Georgia State University College of Law, Kim served as a law clerk at SLF. After graduating, Kim worked at a private law firm in Atlanta where she specialized in financial and business litigation but continued to serve SLF in a pro bono capacity. In 2013, Kim returned to SLF full-time and is proud to dedicate her career to the freedom-based law movement.
Kim advances liberty through litigation in federal and state trial and appellate courts on issues ranging from government overreach, free speech, property rights, and economic liberty. In addition to representing clients, Kim testifies before state legislatures, drafts model legislation, and regularly publishes legal articles. Through SLF’s legal initiatives, she informs Americans about their constitutional rights, equipping them with the tools they need to stand up to government overreach. Her work and that of Southeastern Legal Foundation is regularly covered by national media and you will frequently hear or see her on radio, podcasts, and television.
Kim is an active member of the Federalist Society where she serves as an expert on the Federalist Society’s Civil Rights Executive Committee. She is also an active member of her community and when she isn’t fighting for liberty, you can find her at her children’s school or on the sports fields cheering them on. She lives in the Atlanta area with her husband and two children.
Executive Director, Southeastern Legal Foundation
Kimberly Hermann serves as Executive Director for Southeastern Legal Foundation.
Kim has worked with Southeastern Legal Foundation since 2009. Her belief in liberty and desire to serve started at a young age – instilled by her parents’ dedication to hard work, family values, and love for America.
After earning her undergraduate degree in Analytical Finance and graduate degree in Accounting from Wake Forest University, Kim worked as a licensed CPA with an international accounting firm. But her strong belief in individual liberty, the rule of law, and accountability in government led her to pursue a career in law. While in law school at Georgia State University College of Law, Kim served as a law clerk at SLF. After graduating, Kim worked at a private law firm in Atlanta where she specialized in financial and business litigation but continued to serve SLF in a pro bono capacity. In 2013, Kim returned to SLF full-time and is proud to dedicate her career to the freedom-based law movement.
Kim advances liberty through litigation in federal and state trial and appellate courts on issues ranging from government overreach, free speech, property rights, and economic liberty. In addition to representing clients, Kim testifies before state legislatures, drafts model legislation, and regularly publishes legal articles. Through SLF’s legal initiatives, she informs Americans about their constitutional rights, equipping them with the tools they need to stand up to government overreach. Her work and that of Southeastern Legal Foundation is regularly covered by national media and you will frequently hear or see her on radio, podcasts, and television.
Kim is an active member of the Federalist Society where she serves as an expert on the Federalist Society’s Civil Rights Executive Committee. She is also an active member of her community and when she isn’t fighting for liberty, you can find her at her children’s school or on the sports fields cheering them on. She lives in the Atlanta area with her husband and two children.
Partner, Balch & Bingham LLP
General Counsel to the Mississippi Manufacturers Association, Pepper Crutcher advises and advocates for a wide range of Southeast U.S., private sector employers. Pepper regularly defends employment litigation, including class and collective actions, and both defends and prosecutes unfair competition claims. Pepper’s labor law practice involves all types of NLRB proceedings, labor contract negotiation and arbitration. Pepper also helps employers, insurers, brokers, administrators and providers achieve Affordable Care Act compliance and appeal ACA tax assessments.
Mr. Crutcher has been rated "AV" by Martindale Hubbell and since 2004 has been selected to be included in Chambers USA America's Leading Lawyers for Business: The Client's Guide (Employment, Mississippi). He is also listed in The Best Lawyers in America for Intellectual Property Law and Labor & Employment Law.
Shareholder & Co-Chair of the Workplace Policy Institute, Littler Mendelson P.C.
Alexander T. MacDonald advises employers on all aspects of the employment and labor landscape, focusing on emerging legislation and regulation. He has extensive experience advising businesses on worker classification, arbitration, the administrative and regulatory process, and the future of work. He frequently writes, publishes, and speaks on these subjects. His work has been cited by scholars and appellate courts. He is a recognized voice for the management perspective.
Alexander is a co-chair of the Workplace Policy Institute (WPI) team. With WPI, he advises employers on legislative, administrative, and regulatory developments at the state and federal level. He advocates for employers in the regulatory and administrative process. He also helps employers protect their businesses by understanding and anticipating cutting-edge legal developments.
Alexander also has extensive experience in traditional labor law. He represents management in all aspects of labor-management relations, including unfair labor practice charges, grievance arbitrations, representation elections, contract negotiations, and related litigation, including litigation in the U.S. courts of appeals.
Before joining Littler, Alexander served as the director, future of work, for a major technology company. He also worked in a national labor and employment law firm and a major public-sector general counsel’s office. He was a law clerk to the senior judges in the District of Columbia Court of Appeals.
He is also a veteran of the U.S. Air Force. He served in Operations Enduring Freedom and Iraqi Freedom. In law school, he graduated first in his class
Tammy McCutchen is a leading authority on federal and state wage-hour laws and prevailing wage laws. She counsels businesses on wage-hour compliance, including conducting internal audits on independent contractor status, overtime exemptions, and other pay practices. She also represents employers during investigations by the U.S. Department of Labor and serves as an expert witness in wage-hour class actions. She was a founding officer of ComplianceHR, a law and technology company, where she created AI-based applications to evaluate independent contractor and overtime exempt status.
Ms. McCutchen served as Administrator of the U.S. Department of Labor’s Wage and Hour Division, appointed by President Bush and confirmed by the Senate in 2001. She was the primary architect of the 2004 revisions to the overtime exemption regulations, the first major changes to the regulations in 55 years.
Before joining DOL, she was senior counsel for the Hershey Company in Hershey, Pennsylvania.
Ms. McCutchen has been a volunteer leader of the Federalist Society since 1989. She served in leadership roles for the Northwestern Student Chapter and Chicago Lawyers Chapter. She currently serves in leadership for the Labor & Employment Practice Group, the Regulatory Transparency Project, and the Knoxville, TN Lawyers Chapter. She served on the Editorial Advisory Board of Law360, the Labor Committee of the U.S. Chamber of Commerce, the Small Business Legal Advisory Board of the National Federation of Independent Business, and a Policy Fellow at the ACU Foundation.
Ms. McCutchen is a graduate of Western Illinois University and Northwestern University School of Law. She clerked for the Hon. Daniel Manion on the U.S. Court of Appeals for the Seventh Circuit.
Shareholder, Ogletree, Deakins, Nash, Smoak & Stewart
Chris Murray is Co-Chair of the firm’s Arbitration and Alternative Dispute Resolution Practice Group. In this role, he assists attorneys throughout the firm and clients nationwide to create, roll out, and enforce effective employment arbitration agreements and other ADR programs. Mr. Murray has extensive experience with class/collective action waivers in employment arbitration. Mr. Murray was part of the Ogletree team that successfully defended the use of such waivers in the Fifth Circuit’s landmark decision in D.R. Horton, Inc. v. N.L.R.B. Since then, he has successfully defended the enforceability of class action waivers in numerous subsequent cases and submitted an amicus brief on the subject on behalf of several major employers’ associations in the Supreme Court’s Murphy Oil case. Mr. Murray assists clients and the Firm’s attorneys to draft or revise arbitration programs focused on a client’s specific needs and goals and in light of changing law and evolving best practices.
Executive Director, Southeastern Legal Foundation
Kimberly Hermann serves as Executive Director for Southeastern Legal Foundation.
Kim has worked with Southeastern Legal Foundation since 2009. Her belief in liberty and desire to serve started at a young age – instilled by her parents’ dedication to hard work, family values, and love for America.
After earning her undergraduate degree in Analytical Finance and graduate degree in Accounting from Wake Forest University, Kim worked as a licensed CPA with an international accounting firm. But her strong belief in individual liberty, the rule of law, and accountability in government led her to pursue a career in law. While in law school at Georgia State University College of Law, Kim served as a law clerk at SLF. After graduating, Kim worked at a private law firm in Atlanta where she specialized in financial and business litigation but continued to serve SLF in a pro bono capacity. In 2013, Kim returned to SLF full-time and is proud to dedicate her career to the freedom-based law movement.
Kim advances liberty through litigation in federal and state trial and appellate courts on issues ranging from government overreach, free speech, property rights, and economic liberty. In addition to representing clients, Kim testifies before state legislatures, drafts model legislation, and regularly publishes legal articles. Through SLF’s legal initiatives, she informs Americans about their constitutional rights, equipping them with the tools they need to stand up to government overreach. Her work and that of Southeastern Legal Foundation is regularly covered by national media and you will frequently hear or see her on radio, podcasts, and television.
Kim is an active member of the Federalist Society where she serves as an expert on the Federalist Society’s Civil Rights Executive Committee. She is also an active member of her community and when she isn’t fighting for liberty, you can find her at her children’s school or on the sports fields cheering them on. She lives in the Atlanta area with her husband and two children.
Explainer Episode 90 - Disparate Impact and the Future of Equal Opportunity
Linda L. Chavez, Gail L. Heriot, Dan Morenoff
On April 23, President Trump signed E.O. 14281, Restoring Equality of Opportunity and Meritocracy, declaring...
Disparate-Impact Liability: Unfounded, Unconstitutional, & Not Long For This World
Dan Morenoff
For more than fifty years—ever since the Supreme Court decided Griggs v. Duke Power Co.[1]—almost...
Litigation Update: Deemar v. Evanston/Skokie School District 65
Litigation Update: Deemar v. Evanston/Skokie School District 65
Kimberly Hermann
It is widely known that schools have instituted equity-focused policies, teacher training, and curriculum. Critics...
Litigation Update: Deemar v. Evanston/Skokie School District 65
Kimberly Hermann
It is widely known that schools have instituted equity-focused policies, teacher training, and curriculum. Critics...
Topics
Using Public Accommodations Laws to Protect Religious Groups From Private Cancellation
A pioneering case charts how religious groups can harness the power of public accommodations laws...
Topics
Education Department Dear Colleague Letter Implements Trump Administration Anti-Discrimination Policies in Education
Time’s up. Schools throughout the country were fighting the calendar after a recent Dear Colleague...
Topics
Two Members of the U.S. Commission on Civil Rights Urge Congress to Rein in Accreditors
Is it possible for colleges and universities to comply with both the Supreme Court’s decision...
Are the Credibility Findings of National Labor Relations Board Administrative Law Judges Credible?
R. Pepper Crutcher, Alexander T. MacDonald, Tammy Dee McCutchen, Christopher C. Murray
The Administrative Procedure Act directs federal courts to review and to set aside final agency...
Topics
Markel v. Union of Orthodox Jewish Congregations of America: Welcome Developments in the Law of Church Autonomy
In its recent decision in Markel v. Union of Orthodox Jewish Congregations of America, the...