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It isn’t “designed” or “used” to racially discriminate if it’s not intended.

The word “Intententionally,” specifically, is present in section 706(g) to expressly prevent accidental discrimination from violating Title VII.



> It isn’t “designed” or “used” to racially discriminate if it’s not intended.

You are trying to read the qualifications other than “intended“ in 703h into surplusage, since despite the “or”, “intended” would be the one and only consideration in your reading.

> The word “Intententionally,” specifically, is present in section 706(g) to expressly prevent accidental discrimination from violating Title VII.

706(g) of the Act, 42 USC 2000e-5(g), deals with the terms for equitable relief (injunctions, focus mostly specifically on injunctions for rehiring with back pay ), which, as is often the case with equitable relief, have higher standards than for legal relief (damages). In it, “intentionally” modifies “engaged in an unlawful employment practice”, which acknowledges that an employment practice may be umlawful without being engaged in intentionally (in which case, the type of remedies in 706(g) are not available, but compensatory damages remain available.)




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