‘Disparate impact’ doctrine often hurts those it’s intended to help

Published February 12, 2014 5:00am ET



Disparate impact. That’s a phrase you don’t hear much in everyday conversation. But it’s the shorthand description of a legal doctrine with important effects on everyday American life — and more if Barack Obama and his political allies get their way.

Consider the Department of Justice and Department of Education policies on school discipline. In a “dear colleague” letter distributed last month, the departments noted that “students of certain racial or ethnic groups tend to be disciplined more than their peers.”

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