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Stealth expansion of “disparate impact” claims attached to Defense Authorization bill

Stealth expansion of “disparate impact” claims attached to Defense Authorization bill

Never let a good Defense Authorizatio bill go to waste.

Two Democratic Senators (Whitehouse and Franken) together with socialist Bernie Sanders have attached co-sponsored an amendment to the Defense Authorization bill which would expand so-called “disparate impact” claims under Title VI.  (added) The amendment was submitted by Sherrod Brown, who is lead sponsor.

Hans Bader has the details over at College Insurrection, School Quotas and Speech Codes May Result From Senate Amendment to Defense Bill:

Suing schools and colleges has nothing to do with supporting our troops.

But that didn’t stop Senators from seeking to add a harmful amendment to the 2013 Defense Authorization bill on Thursday, one that would overturn two Supreme Court rulings in order to promote such lawsuits. The amendment, proposed by Senators Al Franken (D-Minn.), Bernie Sanders (Vt.) and Sheldon Whitehouse (D-R.I.), would dramatically expand the reach of a federal statute, Title VI, to allow colleges, schools, and recipients of federal funds to be sued for “disparate impact.”

Read the whole thing at the link.


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casualobserver | December 1, 2012 at 9:59 am

So of the most heinous legislation gets ‘snuck’ in this way quite often. And it’s no surprise that Franken would join hands with Bernie Sanders.

Hey, does codifying ‘disparate impact’ into law mean that academia will now have to purposefully allow conservatives more roles and opportunities???? (My coffee almost spewed as I laugh about how this will never happen…)

So they aren’t smart enough to read and comprehend the implications of the Øbamacare bill before the voted on it, but they are clever enough to slip this subversive legislation into the bill?

I bet Franken just rubber stamped it, like a good little apparatchik. He is pretty “nonintellectual”.

Let’s recruit some Senators to stop this mess, and strip it out of the bill.

The whole ambit of “disparate impact” is a plaintiffs’ lawyer’s wet dream, and an affront to objective measures of skill, capacity, intelligence, and attainment.

It is also ONE big way that Collectivists fight voter integrity laws.

The Disparate Impact analysis is critical for taking the transmission of knowledge out of K-12 and higher ed without admitting that is what is going on. Academics foster a sense of Individuality, that Unitary Self, influential Ohio State prof john a powell wants to destroy. Academics also create inequality becomes different people are not equally adept and hard-working.

In the new US where the common good and the community have priority over the individual and equality of results is on its way, academics have to go. lays out this poorly understood initiative of the Obama Administration. Especially now with a Second Term.

I have seen AACU documents that go so far as to push disparate impact analysis for individual classrooms AND majors.

The theory we are dealing with here goes by the name the Fair Shares society. And education is the primary vehicle to gain implementation and then changed Mindsets without anyone fully appreciating how much will have been changed.


Trusting no one, I spent the last hour reading up on “Disparate Impact”.

Here’s my boiled down, simplified, logical take-away.

The only way to remedy a non-discriminatory practice that has (perceived) discriminatory effect, is to have a discriminatory practice that has a (perceived) non-discriminatory effect.

[cross-posted at CollegeInsurrection_]
You are looking at this all wrong, professor. Instead of thinking about how this kind of predatory lawfare will destroy publicly funded higher education, join in on dancing around the bonfire.

The vast majority of higher education in this country needs a strong lesson in the old adage “What’s sauce for the goose is sauce for the gander”. Conservative legal teams should use this loophole to both harass and financially exploit colleges and universities that have exposed themselves to this kind of lawfare. The worst that can happen is that colleges and universities will find themselves battered and beaten by all sides.

Along with encouraging Congress to tax all non-profit foundations with a net asset value of greater than $500million, this might be a stake in the heart of the indoctrination institution totally taken over by the Left.

    Browndog in reply to iconotastic. | December 1, 2012 at 2:19 pm

    I think you have it all wrong.

    Even if you had it right, you’d be wrong based on the judiciary, which brought us to this point to begin with.

Roll Call 613

To amend the Immigration and Nationality Act to promote innovation, investment, and research in the United States, to eliminate the diversity immigrant program, and for other purposes

The only legitimate diversity is of individuals. Anything else is prejudiced and serves to denigrate individual dignity.

This amendment represents positive progress.