Trump Is Making It Easier to Discriminate Against Black Workers (Imani Explains it All)
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Disparate impact may sound boring. It isn’t.
It’s the rule the Supreme Court established in 1971 to catch discrimination that doesn’t announce itself. Fifty-four years later, the EEOC, acting on Trump’s executive order, walked away from that standard. Then the DOJ’s Office of Legal Counsel went further, declaring disparate impact liability under Title VII of the Civil Rights Act unconstitutional.Β
The new requirement: prove the employer intended to discriminate, which sounds neutral until you notice who can actually produce that proof. A white employee suing over “reverse discrimination” has a paper trail sitting right there β the employer’s own DEI policy. Black workers rarely, if ever, get that paper trail; they’d have to read a hiring manager’s mind.
Β Imani Gandy breaks down how the law built to stop discrimination got rewired to shield it in this Imani Explains It All episode of Baby Boom! Lawyered.
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