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View Diary: Ricci and the Death of Disparate Impact Analysis (26 comments)

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  •  Then why didn't Congress mention minorities (0+ / 0-)

    specifically in the Act? I imagine it was to placate whites who feared reverse discrimination. A color blind statute would've been more palatable.

    "A noble spirit embiggens the smallest man." --Jebediah Obadiah Zachariah Jedediah Springfield, 1795.

    by Aspe4 on Wed Jul 01, 2009 at 04:26:04 PM PDT

    [ Parent ]

    •  Congress did mention minorities... (0+ / 0-)

      ...when they specifically referenced the Griggs v. Duke Power decision in the Civil
      Rights Act of 1991. It's true that you don't see the words in the statute, but the principle is so clearly incorporated in the 1991 Civil Rights Act that even Justice Kennedy's description of the scope of Title VII acknowledges that the disparate impact provisions are limited strictly to minorities.

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