
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. 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 — 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. 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. Expert Repro Journalism That Inspires. Episodes like this take time, research, and a commitment to the truth. If Boom! Lawyered helps you understand what’s at stake in our courts, chip in to keep our fearless legal analysis alive. Become a member today. B*itch, Listen now has its own dedicated feed on Apple Podcasts, Spotify, and wherever else you get your podcasts. If you already subscribe to Boom! Lawyered, sign up for B*tch, Listen so you won't miss it.
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