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How do you expect to convince the legislature or courts to reject the disparate impact standard except through convincing them HBD is true? If it isn't true disparate impact makes perfect sense. If I believed in my heart that every group really was fundamentally equal, I would love the disparate impact standard. Nothing else would make sense!
Yeah, it definitely helps.
Differences in everything else would also matter. Cultures differ, life opportunities, etc. also matter and anything that's influenced by these could have disparate impact in some direction or another.
Pre-existing widespread disparities can cause disparities in otherwise fair measures, and are not indicative of discriminatory intent, the latter of which was what the civil rights act was supposed to address.
There are a pair of long effort-post replies I made to a mutual on Tumblr (who also posts here rarely) that I should probably slightly edit into an effort-post here, on the legal-academic understanding of "racism" and civil rights law, starting with an argument I encountered pushing back on the usual criticism of Griggs, and extending through a sort of steelman of "Kendiism" (including references to Kendi's works and definitions).
To try to tl;dr summarize, "discriminatory intent" is irrelevant. The EEOC stands for "Equal Employment Opportunity Commission," and they define "equal opportunity" as the absence of "disparate impact." It doesn't matter if there's no discriminatory intent by any party, the mere fact that something (such as IQ tests) causes an ethnic minority to have a lower likelihood of being hired makes it presumptively forbidden. This may not have been the intent behind the civil rights act, on the part of many of its supporters (though I've seen people argue that for many of the more academic sorts, addressing "disparate impact" was always the goal, and "discriminatory intent" mattered only in that it was theorized as the primary cause), but it's how the enforcement bodies, and the academic consensus, very quickly came to interpret it. And, as they say, personnel is policy, therefore, so long as those same people are in charge of enforcement, no amount of "no really, this is about discrimination, we really mean it this time" from legislators is going to stop them from targeting "disparate impact."
That's probably fair. That said, a favorable supreme court ruling might be able to make a little of a difference. The law as it exists is clear enough, just badly misinterpreted. I'd be interested in seeing the effort posts. Could they mandate some standard of evidence, with it specified what sorts of things could count? (explicit evidence of intent counts, ratios that are off does not)
If legislators really wanted to rein in rogue agencies, I bet being able to sue individual employees for agency misbehavior that they participated in would do the trick, though that could be kind of extreme and lead to further breakdown of the government.
They could try, perhaps, but if the EEOC decides to ignore that and stick to the current (academic) consensus — "ratios that are off" matter, "evidence of intent" unnecessary — what is the recourse, then
Requires a number of factors that I find unlikely, most notably cooperative courts. AIUI, there are many precedents holding a broad immunity to this sort of thing, and I doubt they'd like to weaken those. And, of course, even if Congress grants you the ability to sue, they can't grant you the ability to win. If the courts find against the plaintiff and rule that there was no "agency misbehavior" in 100% of the cases brought before them, then does it really matter?
What breakdown?
Sure, you'd have to win, but it being in external courts would help.
I suppose I meant that it could lead to more government inaction and less trust in the governement, both of which we have plenty of.
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