Why does the disparate impact definition of discrimination remain controversial? It defines certain

Why does the disparate impact definition of discrimination remain controversial? It defines certain practices a discriminatory, even if there was no intent to discriminate on the part of the employer. It requires proof of intent to discriminate, a proof that is very difficult to show in practice. Because it relies on statistical evidence, it places a much greater burden on the plaintiff than on the defendant. It does not allow employers to defend themselves against discrimination charges by showing the job-relatedness of the practices that resulted in the statistical disparities. It places a burden on defendants to show that statistical disparities in the organization are the result of the organization's policies or practices, a burden that is very difficult to show in practice.

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