[gacgacgac]

Importantly, the rule is not used to resolve racial discrimination claims. It's purely meant as the first test to evaluate whether a deeper dive is warranted. Fast, first pass data analysis tools are very useful for spotting unintended consequences.

[Manuel_D]

To the contrary, companies have been found liable for discrimination solely based on having the wrong percentages outcomes in its objective hiring assessments: https://en.wikipedia.org/wiki/Griggs_v._Duke_Power_Co.

[paisawalla]

You are selectively adhering to the letter of the law, when the practical effects are already well known and studied. One is not obligated to ignore literature, nor abstain from doing a simple extrapolation from the incentives placed on the table.

There is a large body of literature concerning the question "does disparate-impact enforcement cause employers to alter hiring behavior in ways unrelated to actual productivity or discrimination?" and the answer is largely "yes". As you suggested elsewhere in this discussion, Google may be useful.

[SiempreViernes]

That's not particularly surprising nor objectionable, of course legislation that reminds employers they shouldn't discriminate based on race changes practice even for companies that aren't actually caught doing it.

To act like it's bad that people of colour have a more fair chance of getting employed because of some piece of legislation is simply insidious. It's just been over a month since black people lost the right to a fair vote.

[rayiner]

> It's just been over a month since black people lost the right to a fair vote.

Literally the opposite happened. The Supreme Court ruled that there was VRA §2 liability when there was evidence of racially-motivated gerrymandering: "In short, §2 imposes liability only when the evidence supports a strong inference that the State intentionally drew its districts to afford minority voters less opportunity because of their race." (Louisiana v. Callais, p. 26)

[paisawalla]

I don't start from the conclusion that disparities are evidence of racism.

[runako]

> selectively adhering to the letter of the law

Are you suggesting that companies should violate the law here? What do you recommend?

Edit: charitably, "adhering to the letter of the law" is sometimes shortened to "law-abiding" and is generally what we want.

[paisawalla]

You've misunderstood the point.

Prior to the beginning of your excerpt is the word "You", meaning the comment's author is the subject, not "companies". I'm saying the commenter is appealing to black letter law for the answer to the question "what happens when..." but we have observational evidence to answer the question.