Aggie Jurist said:

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So if they can't use race as a factor, they will just switch to other factors that are associated with race to try to achieve the same thing? As the final sentence mentions, I thought that trying to get around it in that manner was equally as illegal.

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It's called disparate impact. You have to prove it with statistics, so it's a much harder case to make.

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Oh dear. In theory that should be true but we both know that statiistics are really numerical silly putty.

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