Another doctrine, which was invented by a combination of the courts and executive agencies, is disparate impact. So if you give standardized tests, Grigg vs. Duke Power Company, this was a case early after the Civil Rights Act. It said if you give an IQ test and it has a disparate impact between groups… you can still use it but it’s a little complicated, it has to be related to the work, but it becomes harder. Everything you do that has a racial disparate impact, and by the way everything in the world has a racial disparate impact, if you find something that doesn’t I’ll be surprised, they can come after you for it either through the government directly coming after you or through people suing you.
And people wonder why corporate doesn't have real measurable performance metrics, and nobody's responsible for anything. It might result in "forbidden noticing" and thus be unlawful.
It says you can’t discriminate in government and you can’t discriminate in private business. And most people at the time thought that basically meant you couldn’t put up a sign that says no black people. Even the gender thing they say was added as a joke actually. Somebody was trying to kill the bill, they didn’t want the racial equality parts. They said, “it would be so absurd to have a society where you didn’t discriminate based on sex” so they put sex in there hoping to kill the bill. And it ended up passing.
Many such cases
The fact that it was vague and there were potentially substantial penalties sort of put business on edge. You needed a full-time bureaucratic class to interpret the laws and what was going on.
So the DEI industry is derived off of the rise of human resources. So you know, the way people see woke institutions today, “well they’re just deciding to be woke, there’s just a class of people deciding to take the leftwing issue on anything related to race and gender,” and some of that is obviously right. But you’re ignoring that basically legally you’re only allowed to be on one side of the culture wars.
This means half of the population is essentially unemployable in corporate because wrongthink. Surely destroying all small business won't have radicalizing consequences by forcing these people into corporate???