Title VII Disparate Impact Liability Makes Almost Everything Presumptively Illegal — NYU Journal of Law & Liberty
www.nyujll.com
In Griggs v. Duke Power Co. (1971), the Supreme Court, against the overwhelming weight of the evidence, interpreted Title VII to prohibit not just conscious and unconscious discrimination but also disparate impact, subject to an affirmative defense of business necessity. One problem is that, if di
  • Vanth@reddthat.comEnglish
    2·
    2 hours ago

    Before sinking any time into reading this monstrosity, some context on the author. Gail Heriot is a retired professor who for the last few years has been cashing in on her rantings against “the woke regime”. A member of the Federalist Society. And she’s actually in favor of Trump’s appointment of McMahon to Secretary of Education and subsequent destruction of the Department.

    The article is also freakin’ long.