From the beginning of Eric Holder’s tenure as DOJ head he has used the cloudy social engineering concept of “Disparate Impact” to advance his civil rights position(s).
Not coincidentally the same DOJ, during the same AG tenure, has fought religiously to keep each case that used Disparate Impact (as legal standing) from reaching higher courts.

The reasoning is quite simple, “disparate impact” as a legal standard, while it might win you positional standing to drag a party to court, fails the “common sense standard” almost every time it is challenged.
“Disparate Impact” uses statistics of consequences to argue the legality of intent.
As an actual example, using real life current employment law, the application of “disparate impact” means it is unlawful to apply ‘legal work eligibility’ as a qualification for employment. Why? Because as a consequence of applying a standard where “you must be legally eligible for employment”, the standard itself has a “disparate impact” on Latino or Hispanic applicants – because Latino and/or Hispanic applicants are at greater likelihood to be ineligible as a consequence of their immigration status.
The statistics of “Disparate Impact” when applied to employment eligibility make it illegal to require “Legal/Eligible Work Status”. This is the Law. This is the current law as applied using the sketchy concept. (more…)
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