The Dept. of Housing and Urban Development has finalized a rule that sets the standard for determining whether discrimination has occurred: The lack of equality of results. In effect, once could be found guilty of discriminating even without discrimination actually occurring! To whit:
“This means that you can be found liable for illegally discriminating in a housing-related matter by following some policy that has a disproportionate effect, even though the policy is nondiscriminatory by its terms, in its application, and in its intent.”
So much for þe olde mens rea where a persons ill intent was needed to be established. Such rules can in and of themselves create discrimination by in effect forcing people to take race into consideration, and treat people unequally on that basis, in order to have a result that superficially seems more “equal.”
The idea that there can be discrimination without actual discrimination is not a new idea, but part of the core ethos of the grievance mongers who believe that society is inherently racist (or sexist, or homophobic, &c.), and that this “kyriarchy” (or other such boogie-man) exists because society is inherently racist or bigoted, thus requiring unequal treatment to counter the “privilege” of whites/straights/men/&c.
The idea that “equality” consists of simply the results being proportionally similar to some demographic breakdown is pernicious, at best. Rather then actually dealing with the core problems of why such unequal results, forcing an equality of outcome by hook or crook results in the root reasons for that inequality being covered up, and even allowed to fester.
It is the leftist trope that people are reduced simply to categories. It is also a leftist trope that it is the responsibility of Leviathan, i.e. the state, to manipulate these groups like chess pieces on a backgammon board until they achieve the superficial utopia they want. For them, discrimination is perfectly good if it is done by the correct people to correct target of people for the correct reasons. Insisting on a superficial equality of results, while allowing the fundamental reason for why that unequal result to fester and grow worse, requires a countering discrimination to achieve this equality of outcome. Since this can not result in the fundamental problems to actually get fixed, a perpetual justification is created for discrimination and unequal treatment, and thus a need for an enlightened elite to enforce that discrimination.
Ultimately, as Chief Justice John Roberts said: “The way to stop discrimination on the basis of race is to stop discriminating on the basis of race.”