As American society attempts to move beyond racial politics and racism in society, Thomas Perez the Obama administration's nominee to head the Department of Labor is hell-bent on turning back the clock by advocating a controversial legal doctrine which imagines racism and assumes guilt on the part of businesses with no evidence of wrongful actions or malicious intent necessary.
The doctrine of "disparate impact" is a legal doctrine which assumes that discrimination can be proven simply by looking at outcomes. If no discriminatory practices or malicious intent can be identified, the finding that a policy or practice resulted in outcomes in which "protected groups", such as women and minorities, were disqualified more or qualified less is all that is needed to assume some form of "unintentional discrimination" took place - no actual evidence of discriminatory intent is necessary.
A recent Wall Street Journal story discussed Perez' ambitious efforts to aggressively pursue actions by applying disparate impact theory while an Assistant U.S. Attorney General, even to the point where he may have undermined civil cases to seek a deal which protected his efforts from going to the Supreme Court: