there is a less discriminatory

the applicants could still prevail by showing that there is a less discriminatory alternative (using step stools, possibly) that could meet the employer’s needs. Practical and Constitutional Issues Many debate the value of disparate-impact laws and regulations. According to proponents, they help ferret out actions taken with hidden discriminatory motives and help eliminate vestiges of past discrimination. Critics claim that disparate-impact liability unduly burdens decisionmakers, who may not know in advance which policies will have a disparate impact and may have no role in creating societal conditions underlying the disparities. As Justice Scalia opined, decisionmakers trying to avoid disparate-impact liability might themselves สล็อต