I actually like Matt. But his stance on disparate impact has never made sense to me. 1. You can't discriminate on the basis of race for its own sake; you can't say "no blacks because I hate blacks." Fair and easy to enforce. https://twitter.com/mattyglesias/status/1419795803053383687 …
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2. You can't discriminate on the basis of race for the purpose statistical discrimination; you can't say "no blacks because they tend to be less productive." That's problematic because it is rational given gaps, but at least as far as explicit policy goes it is enforceable
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3. You can't discriminate on the basis of some other measure for the purpose of discriminating on race; you can't say "no black sounding names because I don't like blacks" The problem is that determining whether something is 3 or not requires mind-reading.
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Why is IQ testing in hiring basically illegal but requiring a college degree not illegal? Why can you use credit scores in some states and not others? The answer is that some courts, at some times, felt comfortable with some measures and not others.
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Judges went to college so they like it. They are all innumerate so they dislike IQ. Etc. Are you using the measure because you care about the measure or because it correlates with race (or some other protected class)? External to the organization it is almost impossible to tell.
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The result is that almost every single hypothetical hiring, firing and promotion decision, and many customer interactions, are potentially justiciable and come down to whether an external observer understands and agrees with your processes. Total nightmare.
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This is a common pattern. Every action in this world needs to be explained in words to the verbal thinkers then there is a process to decide if that explanation is convincing. The verbal thinker is the one who makes the decision as well.
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