The Obama Administration has directed the civil rights division of the Justice department to begin aggressively pursuing cases of disparate impact.
Disparate impact theory argues that, in the words of Rosenberg, “statistical racial disparities alone are strong evidence or even proof of racial discrimination” even if there is no evidence of an intent to discriminate or discrimination in the application of the policy, practice or program. Any test or employment practice -- no matter that it has been vetted by experts – is deemed discriminatory and illegal if the results do not reflect perfect statistical proportionality. The question of who studied hard and who perhaps could have studied harder is unimportant. The goal is not equal opportunity – that is the removal of barriers to opportunity put there based on race, but the equality of results as determined by “strict demographic quota requirements.” It has the ring of new liberal nirvana, but Black folk are all too aware that quotas are ceilings not floors.
The philosophical foundation of disparate impact theory is structural inequality: The barriers to opportunity are built into the system; any statistical disparity is a result of a system teeming with racism. The system can’t be fixed; it must be torn down and rebuilt along more equitable lines. Race thus becomes the reason to disavow the founding principles of natural rights and the source of redistributionist policies. Odd as it may sound race is the hammer with which they will rebuild the post racial world.
The reason the president surrounds himself with radical leftists like Van Jones is because on this point he is in fundamental agreement.