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by ANewFormation 500 days ago
The Civil Rights Act and related topics are part of the US Code (laws) [1] and are completely unrelated to DEI. The legal redresses available for discrimination have not changed whatsoever.

The Civil Rights Act is exclusively about equality of opportunity and requires affected employers hire without regard to race, religion, and other protected classes. So for instance universities using racial quotas was deemed unlawful precisely because of the Civil Rights Act.

DEI stuff was in a very different spirit that really ran against the ideals of the Civil Rights Act. For instance it compelled affected organizations to specifically endeavour to hire based on the race and other characteristics of applicants. It's not entirely clear to me why it wasn't tossed immediately as being in violation of the Civil Rights Act.

[1] - https://www.law.cornell.edu/uscode/text/42/chapter-21

1 comments

DEI is a way to avoid disparate impact liability. Such laws / precedent is derived from the Civil Rights Act (VII). So it is quite the opposite. It also means that disparate impact liability will return without DEI / race quotas so unless the new administration also gets rid of disparate impact and the civil rights act this whole thing will end up right back where it started.
Actually, it's still illegal to engage in discrimination even if it's done to avoid disparate impact liability: https://en.m.wikipedia.org/wiki/Ricci_v._DeStefano

This is why disparate impact tends to cause institutions to drop skills based testing entirely. In theory, proof that the test is relevant to the job is supposed to be a defense against allegations of disparate impact. But in practice the courts have rarely accepted that line of defense.

I know that but there is the law and then there is the law in practice. Legal council at companies have been telling them that DEI race quotas was the safe option.