alt Hacker NewsYou are selectively adhering to the letter of the law, when the practical effects are already well known and studied. One is not obligated to ignore literature, nor abstain from doing a simple extrapolation from the incentives placed on the table.
There is a large body of literature concerning the question "does disparate-impact enforcement cause employers to alter hiring behavior in ways unrelated to actual productivity or discrimination?" and the answer is largely "yes". As you suggested elsewhere in this discussion, Google may be useful.
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> selectively adhering to the letter of the law
Are you suggesting that companies should violate the law here? What do you recommend?
Edit: charitably, "adhering to the letter of the law" is sometimes shortened to "law-abiding" and is generally what we want.
That's not particularly surprising nor objectionable, of course legislation that reminds employers they shouldn't discriminate based on race changes practice even for companies that aren't actually caught doing it.
To act like it's bad that people of colour have a more fair chance of getting employed because of some piece of legislation is simply insidious. It's just been over a month since black people lost the right to a fair vote.