Whoa: President Trump Signs Executive Order Ending the "Disparate Impact" Doctrine

This is huge.

The left is always attempting to "prove" racial discrimination without actually having to prove any racial discrimination. You will have of course noticed leftists side-stepping questions about proof of actual "white supremacy" in America, insisting that it is structurally white supremacist.

Where is the actual white supremacy they always claim lurks around every corner? They don't have to prove it. It's just "in the air we breathe."

There's so much white supremacy in America that it's impossible actually point to any white supremacy.

Where's the white supremacy? You're soaking in it, Bigots!

A very similar legal doctrine has claimed that you don't have to prove a law or company's policy was enacted to racially discriminate against anyone. All you have to do is prove that the measure has "disparate impact" on a "historically marginalized community."

So, for example, if blacks have lower high school graduation rates than whites, you're not allowed to require a high school diploma in hiring. You just say "this has a disparate impact on black applicants." You don't have to prove the company intended any discrimination. Intent is not an element of the crime, as they say. If it has "disparate impact" on a minority, you're guilty, period.

But now Trump signed an executive order forbidding the government from "disparate impact" analysis. Meaning the government can only attack policies as racist if there is an actual, provable racist intent.

Wokal Distance @wokal_distance

This is the most important executive order Trump has signed thus far.

Ending "disparate impact liability" is the first step to destroying the DEI ideology that the left installed in Government.

Disparate impact in the United States refers to practices refer to rules that adversely affect one group of people more than another, even if the rules applied are neutral.

This means disparities in outcome at the group level can be taken as evidence of discrimination...

This means even if the rules are neutral and applied fairly to everyone, if a group is underrepresented that group can potentially sue for discrimination.

This is the anchor at the core of civil rights law that allows woke activists to engage in legal warfare.

Because disparities are taken as evidence of discrimination, it opens up companies to discrimination if any rule they have is thought to have a "disparate impact."

For example, if the rule is overtime is done on sundays, Christians can sue because they don't work sundays...

And can't get overtime, and will earn less than their counterparts.

To avoid disparate impact liability, companies do DEI training and hire DEI officers so they can deminstrate a commitment to non-discrimination, and thus sheild themselves from accusations of discrimination.

The result of this is that inorder to avoid getting sued for civil right violations you have to either:

1. Hand out opportunities to such that each group gets opportunities in exact proportion to their numbers in society.

2. Do constant DEI training/cunsulting.

Regardless if which you do, you end up feeding the beast of DEI.

If you do option 1 you are in effect doing affirmative action, if you do option 2 you end up handing large sums of money to DEI grifters and activists...

The case that enshrined disparate impact into law was Griggs v. Duke Power Co.

The court said a neutral employment policy that disproportionately impacts a particular group may be unlawful even if the employer did not intend to discriminate against that particular group...

Disparate-impact is not actually enshrined in the civil rights act, it's a product of a court ruling, and this executive order shows the Trump administration is seeking to have the doctrine of disparate-impact liability overturned.

If that happened it would be a HUGE victory.

The entire industry of DEI exists because companies use DEI as a way to shield themselves from disparate-impact liability. By doing DEI they hope to show they are actively not discriminating.

That's why DEI training is now corporate best practice.

If disparate-impact is overturned the corporate and business justification for DEI trainjng and DEI officers evaporates.

This is a VERY big deal.

Now, it isn't the end of the road yet. Griggs v. Duke Power Co. still needs to be overturned at the Supreme Court. But...

This executive order shows where the Trump administration is headed on this issue, and if they challenege doctrine in court and win then it would be a knife through the heart of the DEI industry, and a huge blow to the woke-industrial-complex.

posted by Ace at 05:33 PM

| Access Comments