What is the authority behind the Disparate Impact doctrine?

The authority for DI is a part of the Constitution (14th a) written by the winner of a war (the North) and as such, is as foundational a rule as possible.

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Fourteenth and Fifteenth Amendments: Congress’s authority to enact disparate impact provisions stems from its enforcement powers under Section 5 of the Fourteenth Amendment (equal protection) and Section 2 of the Fifteenth Amendment (voting rights).

Original Authority: The foundation for disparate impact lies in Title VII of the Civil Rights Act of 1964 (42 U.S.C. § 2000e et seq.), which prohibits employment discrimination based on race, color, religion, sex, or national origin. While Title VII did not explicitly mention disparate impact, its language prohibiting practices that "adversely affect" protected groups laid the groundwork.

Judicial Interpretation: The U.S. Supreme Court first recognized disparate impact in Griggs v. Duke Power Co. (1971), holding that Title VII proscribes "not only overt discrimination but also practices that are fair in form, but discriminatory in operation" unless justified by business necessity. This interpretation established that intent was not required for a Title VII violation if a practice disproportionately harmed protected groups.

Original Act: The Voting Rights Act of 1965 (52 U.S.C. § 10301 et seq.) aimed to eliminate discriminatory voting practices, particularly those affecting racial minorities. While primarily focused on intentional discrimination, its enforcement mechanisms set the stage for disparate impact claims.

1982 Amendments: In City of Mobile v. Bolden (1980), the Supreme Court held that Section 2 of the Voting Rights Act required proof of discriminatory intent, limiting its scope. In response, Congress amended Section 2 in 1982 to explicitly incorporate a disparate impact standard, stating that a violation occurs if a voting practice "results in" a denial of rights on account of race or color, regardless of intent. This amendment codified disparate impact for voting rights, overcoming judicial restrictions.