Reply to Brian Flores lawsuit alleging racism in NFL

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[quote=Anonymous][quote=Anonymous]It's definitely evidence that the Rooney rule isn't doing anything except ensuring an interview.  Teams are going to actually hire who they are going to hire.

Now, was the reason that Daboll was always going to be hired instead of Flores conscious racisim?  Perhaps not.  Perhaps they just liked him better, but the underlying reason for that could very well be unconscious racism.  Sure, it could also potentially be something else, but we don't have any way of knowing.

At the end of the day, what this definitely shows is that the Rooney rule isn't the solution to the problem.  Another approach is needed.[/quote]

This is where it is important to distinguish between disparate treatment and disparate impact.  Many posters in this discussion (not necessarily you, pp) are completely tunnel visioned on disparate treatment, as if that’s the only potential theory of liability here.  A disparate impact claim does not require proof of intent to discriminate, only that the policies and practices in place have the effect of discriminating against minority candidates.  The theory requires a very different kind of proof than a disparate treatment claim, and is much more likely to result in class certification because it does not require the same kind of individualized proof that a disparate treatment claim does.[/quote]

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