single most incompetent lawyer I’ve ever encountered or a bald faced liar so I would pay his posts no mind. Disparate impact has been around much longer than since 2012, and there are lots of ways facially neutral policies can disadvantage protected classes that really don’t serve a legitimate business objective or are easily rebutted by pointing to less discriminatory alternatives that serve the same objective.

Here my guess is simply explaining what sorts of infractions may be relevant to the position and explaining why would probably do. It they are, say, disqualifying everyone who has ever been arrested or convicted of loitering or weed possession no matter how long ago it occurred for store clerk positions and black applicants are 10x more likely to be disqualified for that reason, it wouldn’t be a very hard case for EEOC.