Disparate Impact is the theory that prohibits an employer from using a facially neutral employment practice to unjustifiably impact a member of a protected class. Even though it does not discriminate on the face of it; the argument is that it discriminates in its application or effect.
There are basic two classes of people who are affected by the disparate impact theory —Latinos and blacks. Under Title VII of the Civil Rights Act of 1964, it is illegal to discriminate because of race, color, gender, religion, or national origin. Therefore, even though people are protected from discrimination practices by the law, some new pretense was needed to allow law suits —thus disparate impact was invented.
There seems to be two overriding issues which demand the attention of our federal politicians: legalizing illegal immigrants and building the dependency base. Actually these two initiatives go hand in hand. Make no mistake about it, people are not flooding across our southern border to find minimum wage jobs and support their families. That is a fairy tale fabricated by our progressive politicians in both parties. The reality is that they are here for the free stuff. Free stuff like: free medical care, food stamps, free lunch in schools, Section 8 subsidized housing, free Obama phones — the list just goes on and on.
The storyline, developed for public consumption, is that a man comes across the border at night with his wife and 4 children for a “better life.” But without the federal welfare system, can he house, feed, and get medical help for his family on a minimum wage salary picking fruit or vegetables? Of course not, but the word is out, come to America and we will take care of you. All we want is your vote.
Recently a progressive stated that the Republican plan regarding citizenship for illegal immigrants was “a road to poverty.” This made me wonder what plans the progressives have for success for people who have limited education, no marketable skills, and limited or no English speaking capability. Of course the progressives have no ideas because America has millions of people who fit the model described and many represent individuals who are the third generation or more in their family to exist off the federal dole.
Removing the welfare state status of America would go a long way to healing many of our open wounds. If illegal immigrants had to survive based on their resources, illegal immigration would grind to a halt and most would return to their home country. By the same token, taking a more aggressive stance on welfare would cause hundreds of thousands of people to get off their butts and do something constructive. Welfare breeds atrophy of the mind and body, turning both to worthless blubber —ever seen a skinny woman making purchases with food stamps? Obviously the progressive game plan is to turn otherwise able-bodied people into perpetual wards of the state.
Now back to disparate impact —which is a first cousin to affirmative action, set-asides, and hiring preferences that were developed in the hopes that blacks would succeed as an ethnic group. There have been isolated successes, but overall it has not encouraged people to become motivated nor to succeed. America has just made it entirely too easy to live off the government without using one’s mind or energy —to presume otherwise would be to deny human nature!
The flip side of the disparate impact coin is that about 95% of prison inmates are men —yet no one has advocated putting enough women in prison to achieve a 50/50 balance in the incarceration rate. However, not allowing enough women to get killed in military combat qualifies as disparate impact. Everyone understand? To simplify it, disparate impact can only apply to some type of minority who has a complaint.
People who live off the dole do not claim disparate impact; unless a position (not a job) pays a lot and they could do it without stress or performing actual work —otherwise, they typically are not interested. Those who cannot compete for employment or admission to the better colleges claim disparate impact — but only if they are a protected class. A white guy who neglected to study is SOL — and that is not a religion acronym.
Have a good week. Bill Shuey is a freelance writer from North Carolina.
The mayor of Goldsboro said at least one person was killed Monday morning in a shooting on the campus of Wayne Community College.
