What exactly is disparate impact?
• What do they say it is?
Disparate impact occurs when an adverse effect results from a practice or standard that is neutral and non-discriminatory in its intention but, nonetheless, disproportionately affects individuals having a disability or belonging to a particular group based on their age, ethnicity, race, or sex [source].
• What is it in reality?
Disparate impact is a term used to dignify anti-white racism. It is applied when racial quotas fail to reflect the racial composition of the general population relative to the white population. For example, because the American population is 13 percent black, the number of blacks arrested and incarcerated for committing homicide should also be 13 percent. The fact that blacks commit 52.2 percent of all homicides is not relative.
Law enforcement will necessarily arrest fewer blacks, more whites, or both to achieve racial parity and avoid legal action due to racial discrimination based upon the cultural Marxist doctrine of disparate impact.
Note that the concept only applies when non-whites -- usually blacks and Hispanics -- are effected adversely. It does not apply when blacks and Hispanics are positively impacted. For example, the percentage of black NBA players far exceeds 13 percent. That, however, is not considered disparate impact on whites, Hispanics, and East Asians because it benefits non-whites.
When applied to punishment for crimes, however, disparate impact would positively affect blacks. Black communities would benefit from fewer crimes by blacks who are more likely to victimize other blacks. Furthermore, studies have revealed that black men who are incarcerated live longer, healthier lives than those who are not incarcerated.
• How has it been applied?
Although disparate impact remedies are patently and intentionally discriminatory against white people and is, therefore, racist, it is being applied.
Black conservative La Shawn Barber wrote that the "U.S. Department of Education and the Department of Justice asked government schools to consider race and ethnicity when deciding whether to expel or suspend a student." [source]
According to a government "guidance" memo to schools: (a) Black students are more than three times more likely than white students to be disciplined and (b) more than half of the students arrested or referred to law enforcement in school-related incidents are black and Hispanic.
The fact that blacks students are three times (or higher) likely to commit offenses worthy of disciple, a disciplinary quota system must be in place that reflects the racial composition of the student body. Failure to accommodate that quota system violates federal law.
• Does it apply to hiring?
An unconscious bias lawsuit was filed against the state of Iowa in 2012. The suit essentially claimed that, even though the state didn't intend to discriminate against non-whites and was unaware of any such discriminatory hiring practices, the bias was still evident.
The lawsuit combines the cultural Marxist doctrines of white privilege and disparate impact.
A primary component of the white privilege concept is that white are unconscious of their privileged status. That unawareness, however, does not excuse their racist perspectives.
The lawsuit against Iowa effectively, though not literally, argued that white privilege resulted in a hiring quota that discriminated against blacks because whites unconsciously affected the hiring outcome that negatively affected blacks. Furthermore, the fact that human resources personnel were unaware of the race of those hired and rejected did not excuse the outcome disparity between black and white hires.
The lawsuit failed.
• What should we expect?
The Iowa lawsuit was not the first of its kind and will not be the last.
First, we can expect the cultural Marxist doctrine of disparate impact to be employed by fiat, such as the mandate via memo handed down by the Department of Justice and Department of Education.
Second, we can expect those mandates to be challenged in court.
Third, we can expect leftists activist judges to decide in favor of disparate impact setting a legal precedent that will open a floodgate of racial discrimination against whites under the guise of social justice.
Fourth, we can expect attorneys who successfully argue such cases for the government to earn billions of dollars in legal fees.
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