IT’S ABOUT ALL ABOUT REQUIRING EQUAL OUTCOMES, NOT EQUAL OPPORTUNITY: On this day in 1970, Griggs v. Duke Power Co. was argued before the Supreme Court. To understand just how awful this opinion was, read “Title VII Disparate Impact Liability Makes Almost Everything Presumptively Illegal.” I suppose in theory it’s possible for the Supreme Court to write a worse decision, but I’m not sure I’ve ever actually seen one.
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