by Professor » Fri Mar 22, 2013 9:52 am
I just can't understand how this is legal.
I'm remembering this from my business law classes, so I can't cite the exact passages. Under the Civil Rights act, to be considered a violation of that Act, a policy or action doesn't necessarily have to explicitely state that it discriminates against a protected class. If a policy has the effect of being discriminatory, it is still a violation.
For instance, saying that "all people" with incomes of less than $20k/yr must show an ID to vote would not be discriminatory on its face. But, it would disproportionately impact minorities. Therefore, it would have the effect of being discriminatory. Therefore, it's illegal.
Same thing here. "Discriminate" as a word does not mean anything bad or good. It simply means to use information to separate. Therefore, this policy (DBEs) is clearly discriminatory, because it helps minorities far more than anyone else.