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Government
Trump May Roll Back Discrimination Regulations!!
2019-01-04
[WaPo, via the Dallas News] The Trump administration is considering a far-reaching rollback of civil rights law that would dilute federal rules against discrimination in education, housing and other aspects of American life, people familiar with the discussions said.
How can the Orange Man roll back the law? Or are we talking about regulations?
A recent internal Justice Department memo directed senior civil rights officials to examine how decades-old "disparate impact" regulations might be changed or removed in their areas of expertise, and what the impact might be, according to people familiar with the matter. Similar action is being considered at the Education Department and is underway at the Department of Housing and Urban Development.
Oh my heavenly daze! Improving regulations? How is this possible?
Under the concept of disparate impact, actions can amount to discrimination if they have an uneven effect even if that was not the intent, and rolling back this regulatory approach has been a longtime goal of conservative legal thinkers. Past Republican administrations have done little to erode the concept’s application, partly out of concerns that the Supreme Court might disagree, or that such changes would be unpopular and viewed as racist by the Dems, elitists, and media drones.

In New York, a lawsuit alleges that a large apartment complex in Queens will not rent to anyone with a criminal record, and that this has the effect of discriminating against convicted criminals African American and Latino renters. The suit is pending, relying on disparate impact to make the case.

In education, the Obama administration reached settlements with school systems such as the one in Lodi, Calif., where an investigation found widespread disparities in student discipline. African American students, for instance, were five times as likely as white peers to receive out-of-school suspensions for willful defiance or disruption. In 2014, the Obama administration formally advised school systems they may be guilty of racial discrimination if students of color are punished at higher rates.
But Marjory Stoneman Douglas High School found another way to resolve that unfairness. Unfortunately, there were some unintended consequences.
Much ‐ but not all - of the disparate-impact law could be changed by the administration because even the Orange Man has limits the concept was incorporated through regulations, which administrations are free to change by following a formal process. A broad-based rewrite of regulations could affect areas such as transportation and environmental law, as well as education and housing. But it would be harder to make changes to voting and employment law, experts say, because the concept of disparate impact is overtly written into the underlying statute, not just the regulations.
A bit of perspective, well past the attention span of most readers.
Supporters of disparate-impact analysis say it is a critical tool because finding "smoking gun" evidence to prove someone intended to discriminate is difficult.
Right. Like general Michael Flynn.
And even if the intention wasn't to discriminate, advocates say institutions should be held accountable for any plausible/possible/potential discriminatory effects.
Posted by:Bobby

#2  He's just rolling back the "disparate impact" regulations that Obama created.
Posted by: Rambler in Virginia    2019-01-04 14:38  

#1  See the source image


Dem after roll-back of discrimination regulations.
Posted by: JohnQC   2019-01-04 10:41  

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