Proving discrimination requires showing manifest acts, not just prejudiced officials’ beliefs

Evidence

Neither under the employment or the educational practices acts have there been enough cases to point up the problems of proving discrimination. Because of the many subjective factors necessarily involved in admission policies, these problems would be admittedly considerable if formal adjudication should be invoked, even though the strict rules of evidence prevailing in courts of law will probably be relaxed in the hearings before the agency. The proof of discrimination in individual cases is particularly difficult, for it will be seldom that there will be direct testimony that the complainant was excluded for reasons prohibited by the act. It is not enough to show that admission officers had personal prejudices; it is their manifestation in the form of discrimination that must be proven. — Henry M. Hart, Jr. and Albert M. Sacks, The Legal Process, 1691

Categorization

• DEFINE: Distinguishes a legal finding of discrimination (manifest conduct) from underlying prejudice — a definitionally precise point about what must be proven.
• XREF: connects to: Geographic quotas can function as covert racial discrimination that is nearly impossible to prove — Henry M. Hart, Jr. and Albert M. Sacks, The Legal Process: Basic Problems in…, 1704; Since 1976 courts require proof of individual intent to find race discrimination — Luke W. Cole and Sheila R. Foster, From the Ground Up: Environmental…, 326; Washington v. Davis requires proof of discriminatory intent, not just disparate impact — Sahar F. Aziz, The Racial Muslim: When Racism Quashes…, 59 (+4 more)

Broader Connections

• Washington v. Davis requires proof of discriminatory intent, not just disparate impact #corroborates (0.95) — Sahar F. Aziz, The Racial Muslim, 59
• US law requires proof of racist intent, not just disparate impact, to win #corroborates (0.92) — Harriet A. Washington, A Terrible Thing to Waste, 470
• Race-based remedies require proving both discriminatory intent and impact #corroborates (0.85) — Dorothy A. Brown, Getting to Reparations, 1296
• Racial discrimination in service encounters requires corroboration to expose #corroborates (0.75) — David Theo Goldberg, John Solomos, A Companion to Racial and Ethnic Studies, 1489
• People suppress prejudice only when aware their actions may look discriminatory #corroborates (0.72) — Joseph Avery, Jim Sidanius, Joel Cooper, Gregory Davis, Amanda N., Bias in the Law, 862