Because gay couples cannot legally marry, the policy has a discriminatory impact on them, he said.
But pushing "No Fly/No Buy" legislation without even acknowledging its potential discriminatory impact on Arabs and Muslims is not the solution.
Reading the plaintiffs' submissions, one also doesn't get a strong sense of the discriminatory impact of the laws on the ALP and its affiliated trade unions.
In Texas, a federal appeals court has ruled that the state's photo ID law, among the nation's toughest, must be softened to eliminate its discriminatory impact.
It would have been preventable with an ethical impact analysis that could have considered the discriminatory impact of simple, algorithmic decisions.
Federal regulations barring actions that have a discriminatory impact, regardless of intent, could not provide a basis for private lawsuits, he said.
Justice DeGrasse agreed, saying that the state's system of financing schools is unconstitutional, does have a discriminatory impact and has to be revised.
Consequently, lenders steered African American borrowers with prime credit to take out subprime loans through both intentional discrimination and discriminatory impact created by their policies.
"This practice has an unlawful discriminatory impact because of race and is neither job-related nor justified by business necessity," the commission said.
Preferences (as opposed to requirements) are allowed for local residents, but not to the extent that they have a discriminatory impact on minority groups.
(Although, as Mr. Smith's letter to the attorney general today noted, the state continues to "maintain that the problems that surfaced in the 2000 election had no discriminatory impact").
