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A thread on some quotes from @gautambhatia88’s “The transformative constitution “In equality jurisprudence, the approach of focusing on the disproportionately exclusionary impact if politics rather than their formal character or motive is known as disparate impact”
“It is based on the premise that inequality and discrimination result not (only) from individual hostile acts, but from structures and institutions.” @gautambhatia88 Only in brackets important & added by me.
An test for entry may be “neutral” but yet exclude by aligning with exclusionary institutions; if an physical entrance test for firefighter includes activities not necessary for fulfilling duties and unintentionally poses #gender-barriers, deserves to be struck down. #NoteToSelf
