“Disparate Impact” is a legal term used by progressive lawyers hell bent on social engineering. The origin of the term actually comes from the EEOC (Equal Employment Opportunity Commission), and despite it’s application the interpretation of law makes no sense.
The intent of “Disparate Impact” is to engineer outcomes, not opportunity as one would think.
The term applies to consequences not origination or intent.
It was first thought up within a progressive think-tank as a way to force civil rights outcomes. The concept was then delivered to the EEOC as a tool to leverage their social justice goal, force employers to hire illegal aliens. It has been an open secret for well over a decade.
Example: Under the legal definition of “Disparate Impact” you cannot use employment eligibility (work authorization) as a qualification for employment – Why? Because more Hispanics, compared to other applicants, will be impacted as ineligible by the employment screening. Ergo the employment eligibility screen itself, checking lawful residency, creates a “disparate impact” against Hispanics and is therefore illegal.
However, it was not the absurd nature of the legal application which upset the Federal Judge in this EEOC case; it was the fact the EEOC itself uses the EXACT SAME pre-employment screening (credit check) it was suing a company for using. (more…)