Under disparate impact, the employer does not need to make any conscious decision to discriminate in order to violate the law. The relentless expansion of the ideology at the heart of civil rights law always meant that it would eventually need to be applied to criminal records. Some minority groups commit crimes at a significantly higher rate and therefore have a much higher likelihood of being excluded from employment by a background check.

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Hire the Felon, Bigot! | 4/26/24