Disparate Treatment and Disparate Impact Inconsistent
An excerpt from my latest Townhall column:
“The problem began 38 years ago in a Supreme Court case called Griggs v. Duke Power Co. Black applicants disproportionately lacked required diplomas and/or failed the employment tests. The court held that for purposes of hiring, both requirements violated the Civil Rights Act. If an employment practice is “facially neutral,” it’s suspect if it has a disparate impact on members of a protected class, even if there’s no discriminatory intent. To avoid liability, businesses would have to demonstrate that such tests are job-related and a justified business necessity.
“Disparate impact puts employers in a bind. Unless all races score equally on racially neutral tests, they’ll likely face litigation. Generally speaking, blacks tend to score lower on standardized tests than whites (which doesn’t mean blacks deserve special treatment as a result), so as long as such tests are used, employers must lower standards (which also would benefit non-black test-takers) and/or manipulate the results to avoid lawsuits.”
