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Old 06-24-2013, 11:49 AM   #91
patteeu patteeu is offline
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Quote:
Originally Posted by DJ's left nut View Post
But here's the problem with the case itself - you can't ask if someone's been convicted of a violent crime. Because I guarantee you the violent crime rates are higher among blacks than whites as well.

By deciding this case on disparate impact grounds, the courts have made it impossible to do any reasonable degree of parsing through these applicants.

The old saying is absolutely true - "Bad facts make bad law". Taking BMW's conduct here and using it to create law built around disparate impact is reckless and stupid. It's created very serious questions regarding exactly what can and cannot be asked, but the holding presently indicates that nothing can be asked safely.

In an attempt to punish BMW for engaging in surgery by shotgun, the courts created an overly broad legal fiction that now prevents employers from being able to ask questions that they should be able to ask without fear of staring down the barrel of a damn civil rights complaint.

I personally don't mind what BMW did, but I can understand those that do. The problem here is that a shortsighted court has issued a piss-poor holding as the remedy to that conduct and it's going to have implications far beyond just BMW's hiring practices.

Bad facts made really really bad law.
Perfect post.
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