https://www.ed.gov/laws-and-policy/civil-rights-laws/race-co...
The policy warned schools that racial disparities in punishments could trigger federal civil rights investigations under a "disparate impact" standard.
Ergo, presumably, if a school had a single purple student. And that purple student was punished for something. Then the entire school had to also be punished for the thing. To not fall afoul of the law. (Or maybe I'm just too autistic to have a nuanced take.)
(Trump rescinded it.)
Who is doing the presuming? That sounds like a bad-faith interpretation.
It's bad math. You can't expect statistics to be applied at that scale, and I think courts would have agreed if anyone had tried.
Then why even post? You just made something up and then spewed it out.
atomicnumber3•49m ago
a) "just legislate that being racist/sexist to people is illegal, then have judges interpret" (which is what seems to be simply necessary to actually make progress against the endlessly inventive evil of racism/sexism),
and b) "but also don't simply make everything illegal because then abusers can selectively enforce the law to punish groups they dislike".
Tough. Gotta try, though.
EGreg•43m ago
Instead, I would say that discrimination should probably only be illegal in places where there aren’t enough of the thing (jobs, etc). For example, what about x-only clubs, or ladies’ nights or gyms or etc.
ryandrake•39m ago
It's kind of a corollary to "The Purpose Of A System Is What It Does": The purpose of a policy is who it impacts. Disparate Impact recognizes this.
braiamp•17m ago
By ideal neutral is that their outcome aren't that disparate considering the supposed goal of the system: access to X resource, ability to accomplish X, etc.
JackFr•12m ago
Now imagine a civil service exam in that same city, entirely race neutral but resulting in a disparity because it tests general skills. The test is de jure racist when all it does is expose the poor education system. Because the education is so poor, the only remediation is to hire unqualified people. So you end up with a deficient civil service in the name of fairness.
There are other ways to examine whether a test or policy is racist.
ameliaquining•12m ago
Most of the criticisms of POSIWID in https://www.astralcodexten.com/p/come-on-obviously-the-purpo... seem equally applicable to your proposed corollary.