The History of Disparate Impact

Remember disparate impact? In 1989, even a very liberal Supreme Court realized the ludicrous nature of its 1971 ruling banning businesses from engaging in practices that had disparate impact on different groups. I’m that year, SCOTUS dramatically limited the disparate impact legislation, ruling that all a company needed was a business justification to adopt disparate impact policy (such as, for example, IQ tests or criminal checks).

That reprieve lasted only for two years, though. In 1991, George H. W. Bush made a deal with the Democrats to bypass SCOTUS and turn disparate impact into the law of the land. That legislation not only made disparate impact laws our permanent reality, but it introduced an even larger bureaucracy tasked with investigating any entity or organization that sinned against “equity.” Since then, that bureaucracy has grown year after year.

Trump, by the way, did try to limit disparate impact policies, specifically the ones under the control of the DOJ, of which there is enormous number.

In early January of 2021. That’s when Trump tried to curtail disparate impact for the first and last time. We have been had, ladies and gentlemen.

Graduation Ball

At 5 am, in my native city of Kharkiv, high school students are practicing for the graduation ball:

What are you noticing the most about these young people?