We are a commune of inquiring, skeptical, politically centrist, capitalist, anglophile, traditionalist New England Yankee humans, humanoids, and animals with many interests beyond and above politics. Each of us has had a high-school education (or GED), but all had ADD so didn't pay attention very well, especially the dogs. Each one of us does "try my best to be just like I am," and none of us enjoys working for others, including for Maggie, from whom we receive neither a nickel nor a dime. Freedom from nags, cranks, government, do-gooders, control-freaks and idiots is all that we ask for.
I would feel better if it wasn't a one-sided defense of disparate impact. I think if all cases of disparate impact required affirmative action that then and only then would the special interests understand that it is wrong. Most NBA players are black so we would require a quota to make it more like America and reparations to white players as well. Ditto for the NFL. But is that what we really want?
In the article the statement "More often, you must look for patterns of unequal results or unfair treatment that stem from “objective” or “neutral” criteria." seems to imply that indeed even if blacks are better basketball players that whites should represent 75% of the players. Then we could "fix" nursing. 92% of nurses are female. Now that is a true "disparate impact. I can not only see quotas but grants for men to pay nursing college tuition and some serious law suits and awards for the past discrimination. Speaking of grants for tuition about 90% of them go to women and minorities. Can you spell disparate impact? Oh yeah, more quotas and law suits. Most divorce settlements result in the mother getting physical custody and the father paying child support. Again quotas!! In fact that example is so upside down the only way to bring it back to fairness is for all future divorces to automatically award the children to the father and the child support to the mother. Then there is welfare; too many women and minorities on welfare. More quotas for white males. The list goes on and on. So lets do this, I'm sure if it was done with equality in mind that most of those who benefit from it today would demand we end it.