[Gay State Conservative]

This new firm was instructed to conduct fresh criminal background checks on all applicants.

They've gotta prove that a black with a particular record was turned down when a white with an identical record was hired.*That* could well be discrimination.Without such proof....no discrimination.

[VegasCowboy]

They've gotta prove that a black with a particular record was turned down when a white with an identical record was hired.*That* could well be discrimination.Without such proof....no discrimination.

That's not how I understand it. By using the phrase disparate impact, they are saying that just for having a requirement that one not have a criminal background "disparately impacts" a population (because that population has more people with a criminal background), it is by defintion discrimination. Its crazy, but that is how it works.