Stop investigating civil rights cases based on disparate impact
What the document says“the new Administration should also direct the department and DOJ jointly to issue enforcement guidance stating that the agencies will no longer investigate Title VI cases that exclusively rest on allegations of disparate impact.”
Title VI bars discrimination on grounds of race, color or national origin in federally funded programs. Disparate impact refers to a policy that produces unequal outcomes without discriminatory intent. The chapter says sweeping action is needed so that the purpose of the Civil Rights Act is not inverted through a disparate impact standard, and asks for a regulation clarifying the point.
What the document actually says“the new Administration should also direct the department and DOJ jointly to issue enforcement guidance stating that the agencies will no longer investigate Title VI cases that exclusively rest on allegations of disparate impact.”
Tell both agencies to drop these cases. They rest only on who ends up worse off.
A school rule can hit one group harder than others. That can count as discrimination even if it was not meant. The book says such cases should not be looked into.
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