Disparate-impact theory holds that if a neutral, colorblind standard of achievement or behavior has a disproportionately negative effect on underrepresented minorities (overwhelmingly, on blacks), it violates civil rights laws. It has been used to invalidate literacy and numeracy standards for police officers and firemen, cognitive skills and basic knowledge tests for teachers, the use of SATs in college admissions, the use of grades for medical licensing exams, credit-based mortgage lending, the ability to discipline insubordinate students, and criminal background checks for employees and renters. It has been used to eliminate prosecution for a large range of crimes, including shoplifting, turnstile jumping, and resisting arrest; to end police tactics such as proactive stops (otherwise known as stop, question, and frisk); and to purge safety technologies like ShotSpotter and speeding cameras from police departments.
In none of those cases has it ever been demonstrated that the disfavored standard was implemented to exclude blacks or other minorities from a position, opportunity, or right. The genius (if a diabolical one) of disparate-impact theory was that it obviated any need to show discriminatory intent on the part of a targeted employer or institution. Discrimination was inferred simply by the effect of the colorblind standard.
Disparate-impact theory preserved the hegemony of the civil rights regime long after the original impetus for that regime had all but disappeared. One would be hard-pressed today to find any mainstream institution that discriminates against blacks in admissions, hiring, or promotion. The reality, in fact, is the opposite: every mainstream institution is desperate to hire and promote as many remotely qualified blacks as possible; it is white males who are disfavored and excluded from positions based on their skin color.
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The taxpayer funded Madison School District long used Reading Recovery…
The data clearly indicate that being able to read is not a requirement for graduation at (Madison) East, especially if you are black or Hispanic”
My Question to Wisconsin Governor Tony Evers on Teacher Mulligans and our Disastrous Reading Results
2017: West High Reading Interventionist Teacher’s Remarks to the School Board on Madison’s Disastrous Reading Results
Madison’s taxpayer supported K-12 school district, despite spending far more than most, has long tolerated disastrous reading results.
“An emphasis on adult employment”
Wisconsin Public Policy Forum Madison School District Report[PDF]
WEAC: $1.57 million for Four Wisconsin Senators
Friday Afternoon Veto: Governor Evers Rejects AB446/SB454; an effort to address our long term, disastrous reading results
Booked, but can’t read (Madison): functional literacy, National citizenship and the new face of Dred Scott in the age of mass incarceration.
When A Stands for Average: Students at the UW-Madison School of Education Receive Sky-High Grades. How Smart is That?
