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“Disparate Impact” and Minimum Wage

The idea of “disparate impact” holds that a defendant can be held liable for racism and discrimination for a race-neutral policy that statistically disadvantages a specific minority group even if that negative “impact” was neither foreseen nor intended. This tactic was increasingly used in recent years during the Obama Administration, most often by Loretta Lynch, Obama’s Attorney General, and Thomas Perez, his Secretary of Labor.

It follows then that minimum wage laws are racist and discriminatory. There’s no question that the effect these policies have on minorities are unfavorable. The citizens who are going to lose their jobs or will be unable to get jobs as a result of raising the cost of wages are disproportionately larger populations of minorities. If you can impute and infer racial bias because of an adverse impact and then use it to determine the legality of a law, it is unequivocally clear that minimum wage laws should be deemed unconstitutional.