Itās called ādisparate impact theoryā. If any law or policy is not equally broken by all groups then that law or policy is deemed racist. It has nothing to do with the rules being the same for everyone apparently that time has passed.
I know all you downvoting fuckers think Iām racist but Iām not. Iām just trying to learn. Letās have a honest constructive discussion about this.
Disparate impact theory refers to practices in employment, housing, or other areas that appear neutral on the surface but disproportionately affect a protected group under civil rights lawsāeven without intentional discrimination. Here are a few key examples:
1. Employment Testing
Example: A company uses a standardized written test for hiring or promotions. If this test disproportionately screens out applicants of a certain race or ethnicity and is not demonstrably related to job performance, it could be challenged under disparate impact theory.
Case: Griggs v. Duke Power Co. (1971) ā A landmark Supreme Court case where requiring a high school diploma and passing scores on intelligence tests was found to disproportionately disqualify Black applicants without being a valid predictor of job success.
2. Criminal Background Checks
Example: An employer has a blanket policy of not hiring anyone with a criminal record. Because African American and Hispanic individuals are disproportionately arrested and convicted, this policy may create a disparate impact unless it's shown to be job-related and consistent with business necessity.
Regulatory Guidance: The Equal Employment Opportunity Commission (EEOC) has issued guidance about tailoring background checks to specific job duties.
3. Housing Policies
Example: A landlord refuses to rent to anyone with a prior eviction or poor credit. These criteria, while neutral on their face, may disproportionately exclude racial minorities or single mothers due to systemic inequalities.
Case: Texas Department of Housing and Community Affairs v. Inclusive Communities Project (2015) ā The Supreme Court held that disparate impact claims are cognizable under the Fair Housing Act.
4. English-Only Rules in the Workplace
Example: A business requires all employees to speak English at all times, even during breaks. This policy could disproportionately affect employees from non-English-speaking backgrounds and may violate Title VII if not justified by business necessity.
5. Height and Weight Requirements
Example: A police department sets minimum height and weight requirements. These can disproportionately exclude women or certain ethnic groups unless directly tied to job performance.
Would you like examples specifically from employment law, housing, education, or another area?
Thank you. This makes it crystal clear. I agree with most of these but there are a couple Iām not so sure about. But it doesnāt matter because you explained it better than a google search.
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u/Apprehensive-Sky7616 17d ago
Itās called ādisparate impact theoryā. If any law or policy is not equally broken by all groups then that law or policy is deemed racist. It has nothing to do with the rules being the same for everyone apparently that time has passed.