“We are so accustomed to juxtaposing disparate impact theory against disparate treatment theory around proof of intent, for example, that we find it almost impossible to talk about the law in this area without doing so. But this habit of allowing legal theories to frame our conceptions of how discrimination operates is a mistake. To start from legal theories cabins us from seeing clearly what the law is missing and it constrains us from thinking practically about where the law should go.”

Source: Tristin K. Greene. Discrimination Laundering: The Rise of Organizational Innocence and the Crisis of Equal Opportunity Law. pg. 9. 2016.


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