Disparate Impact Is on the Ropes

American Thinker ^ | November 14, 2025 | Russell T. Warne

[E. Pluribus Unum]

Nearly 100 years ago, Ernest Hemingway wrote that a character went bankrupt “Gradually and then suddenly.”  Likewise, the disparate impact doctrine in civil rights law is ending first gradually, and then suddenly.

In civil rights law, disparate impact occurs when the demographics of selected individuals (e.g., hired applicants or admitted students) does not reflect the population of applicants.

Disparate impact makes organizations vulnerable to legal challenges of discrimination.  For example, employers sued for disparate impact must prove that their practices serve a legitimate business purpose and are the least discriminatory option available.  At no point in this legal process does intent come into play.  That means that employers can be found liable even when they had no intention of discriminating.

The problem with disparate impact doctrine is that disparities happen throughout society.  Social clubs, sports teams, legislatures, and many other organizations do not have demographics that reflect applicants or the general population.  But disparate impact doctrine assumes that when disparities occur in employment and education, discrimination is at work and must be corrected.  The problem is that correcting these disparities means noticing demographic characteristics (e.g., race and sex) and then treating some applicants different because of them.  Disparate impact doctrine is a major hurdle to creating a colorblind society.

What started in the 1960s as well intentioned efforts to remedy recent discrimination blossomed into an entire DIE industry dedicated to stamping out disparate impact through race-conscious practices.  For decades, opponents fought disparate impact doctrine, with some minor victories but no fundamental changes.

The beginning of the end for disparate impact was Students for Fair Admissions v. Harvard.  In that case, the Supreme Court ruled that race-based affirmative action admissions practices at universities are unconstitutional.

The Students for Fair Admissions ruling was confined to higher education, but the implications were obvious.  “Eliminating racial discrimination...

[Steely Tom]

I love that quote. It's funny, and contains so much of the human condition.

"How did you go bankrupt?"

"Two ways. Gradually, then suddenly."

From The Sun Also Rises.

[Cletus.D.Yokel]

Seems that professional basketball has a few “disparate impact” questions to answer ...

[E. Pluribus Unum]

One of my all time favorite novels.

I still have a crush on Lady Brett Ashley.

[curious7]

The whole ‘disparate impact’ premise was bogus, and fools let it become law.

[aquila48]

The biggest flaw in the disparate argument is the obviously wrong assumption that all identifiable groups are on AVERAGE the same and therefore should be equally represented in all occupations and association. And if not someone is keeping the lesser represented group down.

But groups are not on average the same, especially when it comes to IQs, which is a top predictor of performance in life.

[bert]

There is no cure for inequality

[goodnesswins]

I HATED “disparate impact”...I was in HR then...

[Steely Tom]

I guess that's why Hemingway is considered a great writer.

Although, like Ian Anderson of Jethro Tull, or William Shatner, he was kind of a ham.

But that doesn't mean he didn't do good stuff.

As Billy Wilder said of Jack Lemmon:

"Lemmon, I would describe him as a ham, a fine ham, and with ham you have to trim a little fat."

[dfwgator]

Different people have different ambitions.

[bigbob]

That’s funny!

[kosciusko51]

I hope the author is right.

[marktwain]

Dear God:

May the author be right, and may you continue in your great plan to restore America!!

Thank you, May your will be done!

[Myrddin]

Disparate impact arguments focus on the wrong metrics to push a claim of discrimination. Claiming that the medical profession is guilty of policies that cause "disparate impact" because the population of doctors is not 13% black like the general population. If you look at the problem differently, there is no disparity. What is the different metric? Ask what is the minimum IQ necessary to successfully complete the educational requirements to be a doctor. Apply that IQ metric against the IQ range of a racial group. Now the numbers match more closely in the medical profession. An additional factor is how many of the candidates that meet the IQ requirement have an actual interest in pursuing a medical profession.

Any time "disparate impact" is in play, ask if there is a different metric other than percentage of the population that better explains the observed situation.

[Verginius Rufus]

If disparate impact was enforced in Major League Baseball, no team could have more than one pitcher who was Japanese. So the Dodgers would have to decide which one they want to keep.

[spintreebob]

The government must bring everyone down to the same level of equality. Start with education: dumb down til we are all equal. Income? Dumb down til we are all equal.

[kosciusko51]

Harrison Bergeron