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CBS Bemoans Trump Crackdown on Disparate Impact, Another DEI Boondoggle
Thursday’s CBS Evening News Plus dove head-first into another meltdown about the Trump administration’s push to remove Diversity, Equity, and Inclusion (DEI) and other race-hustling removed root and branch from the federal government. This time, fill-in host Maurice DuBois brought out the head of the NAACP Legal Defense Fund to melt down about a new executive order to undo disparate impact.
Before diving in for the bias, let’s put on the table what defines “disparate impact.” It can be declared in a variety of circumstances, ranging from hiring to housing to lending to school discipline, when policies are deemed discriminatory toward a certain group(s) of people, regardless of whether said policies are content neutral.
I wrote this in 2013 as part of an unpublished research paper while a Heritage Foundation intern (click “expand”):
The real definition, so to speak, came about in Title (or Section) VII of the Civil Rights Act of 1964, which deals with equal opportunity employment and anti-discrimination in the workplace. In that section, the term “adverse impact” is the key feature and is another term for disparate impact. Whereas disparate impact is meant to be unintentional, disparate treatment theory is where the actual practices and policies are flatly deemed discriminatory in their intent.
Over the course of the past 42 years, disparate impact theory was sanctioned in the Supreme Court case Griggs v. Duke Power Company (1971), the term used for unintentional discrimination has grown to reach far beyond employment qualifications and practices. When it appeared to be on the ropes in the late 1980s after the Supreme Court began rolling back Griggs, Congress reacted legislation in the form of the Civil Rights Act of 1991 to ensure that disparate impact remained. The Obama Administration and in particular the Department of Justice (DOJ) and Department of Housing and Urban Development (HUD) have exacerbated this problem for companies further as possible disparate impact charges now include alleged discriminatory lending, fair housing, education, and police tactics (in addition to hiring practices).
Unsurprisingly, DuBois framed this as outrageous anyone would oppose it: “Those civil rights groups are condemning President Trump for signing a series of executive orders this week that they say would weaken anti-discrimination laws.”
“So, one of the executive orders goes after what is known as disparate impact liability. Take us through what that is and an example, if you can, of how that’s helped people in the past,” he said in the first of many softballs to the NAACP’s Janai Nelson.
Nelson unapologetically defended this reverse discrimination of sorts, first discouraging viewers from being “tripped up on these words ‘disparate impact liability.’”
Instead, she said this should be about “interrogat[ing] inequality” and changing policies when “different groups experienc[e] a law or a policy in different ways.”
She then gave an example of how credit scores are racist (click “expand”):
NELSON: We see this in so many spheres of society. So for example, if people are trying to access affordable housing and there’s a rule or a law, like a credit report threshold that somehow is making it difficult for people to find access to housing, to get shelter, then we should ask, is that really a useful tool to ensure who gets access to housing or not? If it is, then that’s fine. If it’s not, and it’s hurting particular populations more than others, then we should be interrogating it. We should be making sure that we are not forcing inequality on people simply because of their identity based on policies that don’t serve us.
DUBOIS: Whether it’s intentional or not is a key here too. What’s your biggest concern?
NELSON: That’s right.
DuBois’s softballs continued: “What’s your biggest concern with this executive order?”
Nelson seethed that “this is an attempt to dismantle our entire civil rights infrastructure” and disparate impact must remain in place because “[g]one are the days” when discrimination widely transpires out loud. She explained discrimination still permeates society and thus “[when we see imbalances, when we see inequality, we have a duty to interrogate it.”
“[I]t is going to undermine the entire civil rights infrastructure that this country has relied on to diversify the ranks of leadership with more women, with more people of color, with people with disabilities, with people from all different backgrounds, we will be an entirely different America, which is really what this Trump administration is after,” she huffed as a long-winded way of claiming the White House wants a white-only country.
The pair closed by insisting “equal opportunity” is lip-service for reinstituting discrimination (click “expand”):
DUBOIS: One final thought here. The executive orders framed disparate impact as being divisive and endangering equal opportunity more broadly. You hear the president talk about DEI in this way as well. What do you make of all that?
NELSON: Listen, this is just more of the lies and falsehoods that President Trump loves trafficking in. He uses words like equal opportunity, which come out of the civil rights movement, to weaponize those words against the very people they were intended to benefit, which is frankly all Americans. All Americans benefit from all of us having equal opportunity to achieve and to access opportunity, which makes this country better. It’s the reason that we can even talk about America’s greatness. It’s because of civil rights laws and protections that remove the barriers that sideline so many for generations.
As our friends at National Review wrote on Friday: “It is past time to let go of group-obsessed thinking and inspire us once again to aspire to treat every American equally — no matter the outcome. The impact of that would benefit us all.”
To see the relevant CBS transcript from April 24, click here.