Posted on 04/25/2025 10:38:08 AM PDT by bitt
On April 23, Donald Trump signed an executive order entitled “Restoring Equality of Opportunity and Meritocracy,” which will end "disparate-impact theory."
According to Heather MacDonald, writing in City Journal, disparate-impact theory states "that if a neutral, colorblind standard of achievement or behavior has a disproportionately negative effect on underrepresented minorities (overwhelmingly, on blacks), it violates civil rights laws."
Disparate impact theory originated in a 1971 Supreme Court case, Griggs v. Duke Power Company. The case challenged the1964 law that prohibits racial discrimination by employers. At this time, there had to be evidence of "intentional" discrimination.
The Equal Employment Opportunity Commission (EEOC) claimed that Duke Power was discriminating against black applicants because it required the passing of a standardized test and a high school diploma. The agency argued that the purpose of Title VII was to “accomplish economic results, not merely to influence motives or feelings.”
The justices agreed because the fact that blacks were rejected at a higher rate than whites proved that there was discrimination.
In essence, the Civil Rights Act went from trying to ensure "equality of opportunity" to demanding "equity in outcomes." If it could be shown that a policy had a "disparate impact" on the number of minorities hired, the company or organization was liable for damages.
Donald Trump has upended the entire rickety structure of disparate impact, and if it stands up to court challenges, will revolutionize America by restoring the Civil Rights Act to its original purpose.
(Excerpt) Read more at pjmedia.com ...
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To be overturned by a federal judge within the next 24 hours.
“negative effect on underrepresented minorities”
WTH is underrepresented? All you see in today’s media, is blacks, there are black Congressmen, Senators, we even had a Halfrican President for a while, even though, he was illegitimate.
They are grossly OVER represented in the crime reports, and judicial proceedings, and the prison system.
The entire premise is fictiscious, and deceiving.
Commercials, you forgot those commercials!
Taking bets as to where the next whack a mole Judge who blocks this will come from.
This also extended into the schools - if black kids were suspended or expelled at higher rates than White kids (always White kids, not Asian or Hispanic kids) - then it meant the school was rife with systemic racism - even schools that are majority black without a White kid in sight.
This drove a lot of good teachers out of the schools b/c they couldn’t discipline the kids, especially black kids. They could exhibit all kinds of abhorrent behaviors and we were always told WE teachers were the problem, the kid was reacting to us for whatever reason. The kids knew this and acted even worse. Classrooms became a nightmare and any classroom discipline and education went out the window.
“Impactful”...ugh..
Three major problems with disparate impact which make it impossible.
It is only one way. Overrepresentation of women and/or a race in job categories are acceptable. How do you segment mixed races?
How do you segment? There are preferences given to white males who are gay, veterans, and Jewish which make it difficult if you are not in one of those subcategories.
What to do about differences in preferences by category. Force people to take jobs?
I don’t receive broadcast TV in rural Hawaii, all mine is satellite.
So I have choices.
But I have noticed on Mainland feeds there almost always has to be a Black person in the commercial. So when they are about 13% of the population, about half of all two or three person commercials have a Black person in them?
In Hawaii I’m a minority(Heinz 57 white guy). State wide the majority here, are of Chinese or Japanese decent.
Guess what, in our local commercials most everyone is Asian!
We don’t a have a lot of black people in Hawaii outside military. Where I live it is very rare to see a black person, and if they decide to settle here they don’t stay very long.
The only reason I can think of is Hawaiians expect everyone to work or pay their own way. Even if you need assistance, You are still expected to work, and you will get assistance.
"The Equal Employment Opportunity Commission (EEOC) [all emphases added] claimed that Duke Power was discriminating against black applicants because it required the passing of a standardized test and a high school diploma. The agency argued that the purpose of Title VII [???] was to “accomplish economic results, not merely to influence motives or feelings.”"
FR: Never Accept the Premise of Your Opponent’s Argument
Beware of widespread rumors, hearsay and gossip concerning what non-popularly elected federal bureaucrats, along with activist justices and judges, say about anything concerning the Constitution.
Regarding alleged discrimination in a non-federal related private employer context, patriots are reminded that the only race-related protection that the states have amended the Constitution to expressly protect limits the federal government's powers to resolving race-based problems to voting rights issues, evidenced by the 15th Amendment.
"15th Amendment, Section 1. The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of race, color [emphasis added], or previous condition of servitude.
Section 2. The Congress shall have power to enforce this article by appropriate legislation."
"From the accepted doctrine that the United States is a government of delegated powers, it follows that those not expressly granted, or reasonably to be implied from such as are conferred, are reserved to the states, or to the people. To forestall any suggestion to the contrary, the Tenth Amendment was adopted. The same proposition, otherwise stated, is that powers not granted are prohibited [emphasis added]." —United States v. Butler, 1936.
The bottom line is that the post-FDR era, elite desperate Democratic and RINO vote-winning EEOC, along with probably most of the likewise vote-winning Civil Rights Act of 1964 and its titles, should not exist imo.
Indeed
Democrat federal judge keeping the democrat motto keep them ignorant unaware broke no options and trained.
“To be overturned by a federal judge within the next 24 hours.”
Soon as their bingo game ends and the winner gets to jettison it.
Trump moved the old deadwood at DOJ Dept Civil Rights.......
And now we see that the Civil Rights Act will fulfill its intended purpose beyond Marxist racial dialectic, revolutionary theory. They wanted to dstroy America.
Now we all can be Americans! “Perish the thought!” ,say the lefty idiots who do not want to even be Americans, like Jessica Tarlov,Corey Booker,AOC, and Crockett et. al.
So much winning, thank you President Trump !
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