“Disparate Impact” is a social justice legal theorem which measures outcomes to standards and practices and determines racial legality.
Example – Under legal interpretation rules of “Disparate Impact” it is unlawful not to hire illegal aliens. If a company uses eligible (legal) work authorization status as a requirement on employment applications (when making hiring decisions), and if the use of legal work eligibility is used as a qualifier, and the eligibility (qualification) standards disqualify a protected class (ethnicity) at a disparate rate, then it is unlawful not to hire illegal aliens.
The civil rights act(s) guaranteed -through law- equality in opportunity. Disparate Impact guarantees -through legal interpretation- equality in outcome.
Today the Supreme Court upheld (5-4) the application of “Disparate Impact Rules” within housing: regulations, loans, credits, locations and subsidies. Justice Kennedy was the determining factor. Thomas Lifson at American Thinker accurately outlines: (more…)








