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> the whole point of the concept of “structural racism” was that mustache-twirling racists aren’t required for modern laws and policies to have a targeted, nega
by gottorf 3y ago
> the whole point of the concept of “structural racism” was that mustache-twirling racists aren’t required for modern laws and policies to have a targeted, negative effect on specific minorities
You cannot have a targeted negative effect without mustache-twirling racists; what you have instead is an incidental negative effect. I discussed this elsewhere in the thread, but the "disparate impact" clauses of various civil rights legislation attempt to deal with precisely this -- cases when in the absence of any intent to discriminate along protected lines, nevertheless an outcome arises that impact those protected groups differently.
I posit that this part of civil rights legislation is fundamentally flawed, because it is basically not impossible that any policy or action, public or private, impacts all subgroups of a population in equal measure. Make a law regulating taxis? There's a disparate impact on men, who are 85% of all cab drivers. NFL negotiates player pay? There's a disparate impact on black people, who comprise over half of the players. Covid policies close ski resorts in Colorado? There's a disparate impact on white people, who are the overwhelming majority of both people who work at ski resorts as well as those who visit. In none of those cases is there an intent to cause protected groups to be affected differently, but they are.