Reading: National Academic Press "Defining Discrimination" Flashcards
What is the social science definition of racial discrimination?
includes two components:
(1) differential treatment on the basis of race that disadvantages a racial group and (2) treatment on the basis of inadequately justified factors other than race that disadvantages a racial group (differential effect)
what are the two legal parts of racial discrimination?
- disparate treatment
2. disparate impact discrimination
what is disparate impact discrimination or differential effect discrimination?
disparate impact discrimination: employer does not hire those with criminal record which means disproportionally does not hire black people
differential effect discrimination: example is something that contributes indirectly to differential outcomes such as education impacts income etc.
associational choice
associated with the choices that races make such as who they will marry, who they will live with, who they spend time with
NOT included in definition of racial discrimination including disparate impact
What may contribute to differentials?
domain of occurrence: healthcare, housing market, criminal justice system
actors involved: mortgage lenders, employers, police officers
targets: blacks, hispanics, Native people
What is not part of discrimination and is not unlawful?
prejudice attitudes and stereotypical beliefs are not unlawful
discrimination is only measured in behaviors and practices
Anti-Drug Abuse Act of 1986
crack vs. cocaine very different minimum sentances
what do differences in outcomes by race not provide?
they do not themselves provide direct evidence for the magnitude or even the presence of racial discrimination in any particular domain
ex. racial disparities in the labor market may reflect differences in school quality rather than racial animus within the labor market
