“Eliminate disparate impact as a valid theory of discrimination for race and other bases under Title VII and other laws. Disparities do not (and should not legally) imply discrimination per se.”
Citation: Project 2025, Section 3.9: Department of Labor and Related Agencies, Jonathan Berry, page 615, paragraph 6
Context:
Disparate impact liability is a legal concept under civil rights law that addresses policies or practices that may be neutral on their face, but lead to disproportionate negative effects on a particular group, even if discriminatory intent did not exist. It focuses on the RESULT of the policy, not the INTENTION. Berry is arguing here that if a company has “good intentions”, we shouldn’t punish them if their policies result practically in discrimination.
This weakens civil rights protections, reduces oversight and scrutiny of policies, and will lead to greater inequality.
Full contextual analysis of Section 3.9: Department of Labor and Related Agencies here.
Categories: Discrimination, Racism