> It increases the cost of doing so, which is really the point. People and businesses respond to incentives.
The CRA increased the incentives to discriminate for small businesses as I am trying to illustrate above and below.
> That's not been remotely true for the past 26 years (you're welcome to find data before that). Businesses with up to 19 employees (i.e. the ones exempt from the Equal Opportunity Employment Act of 1972) employed only 20% of employees in 1993. And that share has fallen over time - it was about 17% in 2019.[1]
It is not about the mandates in law. It is about reality and risk. If I want to sue my employer for firing me due to racial reasons, I have to prove in court(or EEOC has to prove) using company statistics(unless explicit evidence exists) that they have a practice of discrimination. This is easier to do against larger employers with more employees. For me to sue a small employer, whether they employ 100(52% of jobs are attributed to 100 employee or less businesses according to Texas Law Now;2012) or 19 employees the statistics are harder to prove because of the small sample size. Employers know this. That establishes a difficulty for minorities to sue small businesses, which allows small businesses to discriminate.
Combine that with the fact that if an applicant does not get hired, it is incredibly difficult to even begin a suit without internal knowledge of the company, ergo it is less risky for employers to not hire minorities to begin with.
> And even if it were true, all the other benefits of the CRA would still outweigh this one flaw. I think you underestimate the effects of generations of violent voter suppression, and segregation in education, businesses, housing, and other opportunities.
I find little comfort in being able to vote, go to school, etc if it results in poor opportunities to be gainfully employed. As I stated before, prior to the CRA wealth(power to influence vote/education/business/etc) of the largest minority group in the US was rising; according to Thomas Sowell.