Guys, we are undoing the Left's attempt to hijack the Constitution with "civil rights" and you love to see it.
If you haven't heard of disparate impact, you probably should have π
In simplest terms, disparate impact is a political tool used by the Left to claim that any hiring practice that resulted in a disproportionate amount of white people being hired over minorities is automatically racist. This is a Marxist (communist) framework of "equity."
If a business owner used IQ tests or other employment exams to screen candidates, it was considered automatically racist and illegal under the Equal Employment Opportunity Commission's rules because they claimed white candidates regularly scored higher.
You didn't have to actually prove racism, you just had to prove that the hiring practice produced a "disparate impact."
This is where racial quotas came from. This directly caused companies to discriminate against white and male candidates so they couldn't be accused of racism.
It's also what caused employers to switch from employment exams to college degrees to vet new hires. The Left then turned colleges into propaganda farms.
But no more.
The Supreme Court ruled this year that race-based congressional districting in the South is unconstitutional. In that opinion, the Court said the Constitution is colorblind, which it is, so if someone is claiming that they are being unfairly discriminated against because of their skin color, the burden of proof is on them. It cannot be a matter of national policy to automatically assume racism.
Given the blatant and legal discrimination against white men we've seen these last few decades...
...this is long overdue.
Here's the conclusion of the opinion, and it's really a must read:
Disparate-impact liability as currently interpreted by EEOC is unconstitutional. We interpret Title VII to conform to the safeguards on disparate-impact liability that the Supreme Court has indicated are constitutionally required.
Setting an appropriate threshold for business necessity, requiring robust causality, and demanding evidence of an equally effective alternative practice that causes less disparate impact are essential prerequisites to any imposition of liability.
EEOC's regulations and guidance fail to incorporate these safeguards in key respects, and the validation-study and affirmative-action regulations conflict with Title VII and the Constitution.
This legally banishes wokeness to the dustbin of history.
Trump's Equal Employment Chair is already completely onboard.
If this ruling stands, it would reverse decades of racist policy that has plagued American businesses and industries.
But there are still hurdles in the way.
(The 1971 Griggs case ruled that it was illegal for the Duke Power Company to require a high school diploma and employment exams for its workers, saying that practice was racist. Gotta love the soft bigotry of low expectations!)
SCOTUS, which overturned Roe and racial gerrymandering, seems to be in the perfect spot to make another Republic-saving ruling.
Let's get it done!
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