Tagged: in-group favoritism

Disparate impact is “based upon the premise ‘that some employment practices, adopted without a deliberately discriminatory motive, may in operation be functionally equivalent to intentional discrimination,’ Watson, 487 U.S. at 987, because the result ‘fall[s] more harshly on one group than another and cannot be justified by business necessity.’” Int’l Bhd. of Teamsters v. United States, 431 U.S. 324, 335-35 n. 15 (1977).”

Source: WME and Loeb & Loeb LLP’s Opp. to My Motion for Summary Judgment and Cross Motion to Dismiss. November 6, 2012 [ironically, the day Obama was elected to his second term.]

“[T]he potential for unconscious stereotypes and biases to intrude into the evaluation process is greatest when subjective judgments are involved.”

Source: Melissa Hart, Subjective Decisionmaking and Unconscious Racism, 56 Ala. L. Rev. 741, 744. 2005.