The new racists

Posted: January 27, 2014 at 3:28 a.m.

Perhaps our most disturbing legal doctrine, one perfectly designed to further the racial “Balkanization” of American society and thereby exacerbate racial divisions, is “disparate impact.” At the heart of the disparate impact doctrine is the illogical idea that any racial disparities must be the consequence of racist practices. The underlying assumption is that in a world free of racism, every racial group would be equally represented in a proportionate sense in everything ; hence, any place this “natural” outcome doesn’t occur has to be tainted by discrimination.

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Editorial, Pages 11 on 01/27/2014