The disparate impact doctrine is unfair and illogical, as well as destructive. It has been used to invalidate exams for professional advancement that result in a racial imbalance in police force brass, for example, even when no actual discriminatory practices have been identified. It has been used to eliminate school discipline for classroom disruptions, because more black students than white students are being suspended, even though no bias has been shown in enforcement. Disparate impact has allowed incompetent teachers to keep teaching, and recently, its has become an rationale for not imprisoning convicted felons, because the current prison population is disproportionately black.
The Obama administration, being addicted to a race-biased view of American society in which all, or almost all, problems within the black community are ascribed to forces outside that community’s control, now has decreed that landlords risk federal investigations if they reject rental applicants based on the applicant’s undisputed criminal record. The Department of Housing and Urban Development (HUD)’s newly-released guidelines state…
“The Fair Housing Act prohibits both intentional housing discrimination and housing practices that have an unjustified discriminatory effect because of race, national origin, or other protected characteristics. Because of widespread racial and ethnic disparities in the U.S. criminal justice system, criminal history-based restrictions on access to housing are likely disproportionately to burden African-Americans and Hispanics. While the Act does not prohibit housing providers from appropriately considering criminal history information when making housing decisions, arbitrary and overbroad criminal history-related bans are likely to lack a legally sufficient justification.”
Sinister as this is, I’m sure it is sincere. The Obama Administration, obviously programed by the man who bears its name, is consumed by a bias in favor of non-whites, based on the assumption that they are inevitably victimized in U.S. society. Disparate impact could be properly used as a clue to uncovering actual bias and discrimination, but the presumption that disparate impact must be based on bias is itself a bias, and leads to intrusive and unfair regulations and Big Brother-style “Be Careful! We’re Watching!” warnings like this one. Continue reading