Some have also argued that the academic theory of "systemic racism" (as opposed to conventional racism) is a conspiracy theory. It's an invisible force that can be postulated to explain any form of discrepancy. "Group X performs worse than group Y? Must be due to systemic racism!" Basically the opposite of alleged Jewish "nepotism". Unlike racism, systemic racism cannot be observed directly, and its existence is only inferred from its hypothetical effect: group disparities.
Systemic racism is real. Obviously, it's not going to written into laws, and the people engaging in it probably don't think they're doing it, but all it takes is looking at statistics to see it.
No, because systemic racism is supposed to cause and explain observable group disparities. If they were identical, there could be no causal relationship, because nothing can cause itself.