I’M TIRED OF HEARING THIS: A recent WaPo opinion piece refers to disparate impact as “another form of discrimination.” No, no, no. Discrimination is about unequal treatment. Disparate impact is about insisting on equal outcomes. If you’re interested in how the Supreme Court got us in this ridiculous position where the law is said to require both equal treatment and equal outcomes, read “Title VII Disparate Impact Liability Makes Everything Presumptively Illegal.”