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The “disparate impact” approach to civil rights has created many problems and aggravated others. Under this approach, a practice is said to be illegal if it results in racially disproportionate effects—that is, has a disparate impact—even if it is neutral on its face, is applied neutrally, and was adopted for race-neutral reasons. For instance, in a seminal Supreme Court decision, an employer who required a high-school diploma was found to have violated the civil rights laws because this disproportionately disqualified African Americans—even though there had been no finding that he adopted this rule as a way of keeping out blacks. (Note: The disparate impact approach can also be applied to ethnicity, sex, disability, age, and so forth.)
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Ms. Merrily Friedlander
Chief, Coordination and Review Section
Civil Rights Division
U.S. Department of Justice
950 Pennsylvania Avenue, N.W.
Washington, D.C. 20530
Dear Ms. Friedlander:
We are writing to submit comments on the Justice Department’s republication of its policy guidance on Title VI’s prohibition against national original discrimination as it affects limited English proficient persons.
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