It's within the sphere of discrimination but may also be a bona fide occupational qualification (BFOQ). https://en.wikipedia.org/wiki/Bona_fide_occupational_qu

It's within the sphere of discrimination but may also be a bona fide occupational qualification (BFOQ). https://en.wikipedia.org/wiki/Bona_fide_occupational_qualification https://en.wikipedia.org/wiki/Bona_fide_occupational_qualifi... Of course this only describes how a legal framework might negotiate between adverse impacts and technical merit. In terms of who has the responsibility of fixing the ripples of current and historical wrongdoings between races, I don't think businesses are the right place to start. By the time it gets to business, asking people to make potentially unmeritorious decisions is a kind of corruption. Society-wide grievances ought to be addressed at the national level via a reparations program which funds education and family.