Obama, Holder and others in his administration have been misusing disparate impact analysis to foist various of their racist policies on the American public.
What is disparate impact analysis and how is it being misused you ask? To begin with, under the original Civil Rights Act of 1964 there was only one type of discrimination outlawed. It was disparate treatment, meaning you didn’t hire or promote or serve someone because of their race, plain and simple. Then the Supremes created a second category in a case arising in these parts called Griggs v. Duke Power. In that case the issue concerned a black man who was denied a custodial type job because he didn’t have a high school diploma, and Duke Power had a requirement that all employees have a high school diploma. The issue raised was if a racially neutral requirement [high school diploma] had a disproportionate impact on blacks because statistically blacks had a lower graduation rate than whites, was that legal. The Court decided that when a facially neutral requirement has a disparate impact on the employment possibilities for a protected group the employer would have to demonstrate that the requirement was necessary for the job at issue. In that case Duke couldn’t demonstrate the connection between having a high school diploma and pushing a broom, so the Court said that the requirement had a “disparate impact” on blacks and was therefore discriminatory.
It was a good decision and led to a lot of unnecessary criteria being eliminated from job descriptions. I used to do training on this stuff. (I once was lead counsel defending against an EEO class action.) And there were all kinds of crazy cases out there. One of my favorites was a case I believe out of Ohio where there was a height requirement for state troopers, which of course disadvantages women, Asians and Hispanics. One of the stated business necessities for the requirement was that you supposedly had to be tall enough to shoot over the roof of your car in case of a gunfight. Now I don’t know about you but if I’m in a gunfight, I want the engine between me and the other guy – not the windows. Obviously that requirement was invalidated. Likewise most gender requirements were thrown out and feminists used to say that the only legitimate gender requirements would be for sperm donors and wet nurses.
When the Civil Right Act of 1991 was enacted it specifically recognized disparate impact as a prohibited form of discrimination. And it should have. The problem with Obama, Holder et al is that they are completely misusing the concept to enforce their racist view of equality. Take for example Holder’s racist investigation in Ferguson. Unable to prove the false narrative of “hands up don’t shoot” because it never happened and the Officer involved was not at fault as the evidence clearly demonstrated the individual had attacked the Officer and tried to get his gun to shoot him. Holder’s troops then proceeded to write a racist report denigrating the Ferguson Police Department by totally misusing disparate impact analysis. Disparate impact analysis is not applicable to arrests or crimes committed. These are the result of individuals engaging in act against the law and there is no basis to believe that if one race is 20% of the population, then only 20% of the crimes will be committed by this race. It may be less or it may be more, but it is what it is! Disparate impact analysis is totally irrelevant. Now you could have disparate treatment if for example you could prove that the police department had a specific order to only arrest blacks for certain crimes. That would be intentional discrimination plain and simple, but you can’t make the case based on racial composition in a given jurisdiction.
To give a specific example of the fallacy of this kind of reasoning, all NCAA men’s basketball teams should have the same racial makeup as their schools. Let’s see Obama and Holder try to run that one through another stupid mandate from the Department of reEducation. Never going to happen.
The reason that I bring this up is that the Obama administration has a stealth program going to misuse disparate impact analysis to fundamentally transform the nation.
“Unbeknown to most Americans, Obama’s racial bean counters are furiously mining data on their health, home loans, credit cards, places of work, neighborhoods, even how their kids are disciplined in school — all to document “inequalities” between minorities and whites.
This Orwellian-style stockpile of statistics includes a vast and permanent network of discrimination databases, which Obama already is using to make “disparate impact” cases against: banks that don’t make enough prime loans to minorities; schools that suspend too many blacks; cities that don’t offer enough Section 8 and other low-income housing for minorities; and employers who turn down African-Americans for jobs due to criminal backgrounds.
Big Brother Barack wants the databases operational before he leaves office, and much of the data in them will be posted online.
So civil-rights attorneys and urban activist groups will be able to exploit them to show patterns of “racial disparities” and “segregation,” even if no other evidence of discrimination exists.”
If you read it, it should scare you to death. Obama may only be President for another 16 months or so but this “legacy” will haunt us forever. HUD has already announced its plans to “desegregate” the country zip code by zip code, so don’t believe this is conspiracy theory speculation. It’s reality and it’s coming to your neighborhood soon. Please read the link above.
Next rant may cover the Bill, Hill and Chill slush fund masquerading as a “charity”.