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Disparate Impact:
A theory of liability that prohibits an employer from using a facially neutral employment practice that has an unjustified adverse impact on members of a protected class. A facially neutral employment practice is one that does not appear to be discriminatory on its face; rather it is one that is discriminatory in its application or effect.
First: We have laws that penalize robbing a person of their civil rights. Do we need hate crimes on top of that? If so, why do those same hate crimes do not apply in the opposite direction? Are we truly equal, or not?
My point is that when the govt starts screwing around trying to "make things right" how often do they actually fix something and how often does the law of "unintentional consequences" come into play?
What has the govt done to fix poverty? Have they helped the poor blacks or trapped them into a never ending cycle of poverty? Have they improved our educational system or introduced the mother of all clusterfunks? Regardless of how you feel about the Affordable Care act, you have to admit it is neither affordable nor a success. I can go on and on....
you have to admit it is neither affordable nor a success.
When one group, one person, one whatever is placed above another by the govt whose constitution clearly states that all are created equal and there are amendments assuring this... exercises clear hypocrisy by making it lawful to do just that, then I just want to scream.
In other words: if you run background checks on residents before signing a lease and you will disqualify any who have felony records, you are violating a "protected class's rights" due to Disparate Impact. Does not matter if you apply the same check, the same disqualifying bar equally, regardless of race, color creed etc you are still acting in a discriminatory fashion due to the "protected class".
Really?
BTW...the above also applies to hiring practices. Does not matter how equally you apply the rules.. you are being discriminatory.
The fellow who wants to rent in your building has four conviction for arson. If you know this and the building burns down, killing 20, do you have responsibility? How about multiple convictions for rape? Setting up a meth lab? Pimping girls from his former apartment?
It should not be legal to deny a person a home or job due to prior convictions.
It is incompatible with our justice system, which is based on a rehabilitation system.
If a person cannot find a place to live or a job due to past mistakes already paid for, then we might as well just execute people convicted of crimes.
The fellow who wants to rent in your building has four conviction for arson. If you know this and the building burns down, killing 20, do you have responsibility? How about multiple convictions for rape? Setting up a meth lab? Pimping girls from his former apartment?
I know the politicians say that in order to sound humane, but it isn't, I don't believe it ever was, and I pray that it never will be.
Consider a driving while intoxicated conviction. The State Board of Penal Psychiatry determines he has an addictive personality. If he were to be rehabilitated, he'd be in some type of psych ward where doctors could do anything they wanted to him. His sentence wouldn't be three years, it would be however long it took for the State to declare him "Rehabilitated." Of course he might never be cured, and would serve life in the psych ward.
But that's OK, because the scientists are working for his good and trying to rehabilitate him, right?
Imagine what happens when you're picked up during a mass protest and the psychs say you have oppositional defiant disorder, and they keep you until you've learned to accept authority.
Do you think that's happening now? A lot of honest people who happen to have a conviction are homeless because of the conviction? Or are the vast majority homeless because they have a drug or mental health problem?