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Tag: disparate treatment

August 22, 2014

Understanding the difference between disparate treatment and disparate impact

There are two types of discrimination recognized by our various civil rights laws: disparate treatment and disparate impact. The former is conscious, intentional discrimination.  The latter is unintentional, and is demonstrated through statistical disparities.  Here on the Liberty Blog we have often posted on various absurd applications of disp ...

October 16, 2013

PLF argues government can't judge individuals based on the color of their skin

Today Pacific Legal Foundation filed this amicus brief in EEOC v. Kaplan, which was joined by the Cato Institute, the Center for Equal Opportunity, the Competitive Enterprise Institute, and Project 21.  EEOC has been particularly aggressive in pursuing disparate impact cases lately, and its case against Kaplan is representative.  Like many compan ...

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