Equal Treatment in an Unequal Society

Inequalities cannot be solved simply by establishing new standards, criteria, and rules that will apply equally to everyone. When inequality exists, creating new policies and laws designed to be more equitable in how they treat everyone can have the effect of locking in inequality. Such rules can inadvertently give inequality the appearance of fairness and institutional approval.
Matthew Desmond demonstrates how this has happened within housing markets across the country in his book Evicted. For decades, discriminatory housing policy was the norm in our country. At times in our past it has been explicitly authorized in laws and statutes. At other times, it has been openly, yet unofficially, practiced. Today, explicit housing discrimination still exists, but it at least has to be hidden under innocuous motives or carefully crafted lies. Implicit housing discrimination, however, with no one feeling as though they are being discriminatory, is still common and open.
Desmond argues that the history of racial discrimination in housing markets has created a system that perpetuates the inequalities that discrimination deliberately fostered, while appearing race neutral. He writes, “landlords and property management companies … tried to avoid discriminating by setting clear criteria and holding all applicants to the same standards. But equal treatment in an unequal society could still foster inequality.” Applying universal rules in a system that has been shaped and defined by inequalities does not mean that discrimination goes away. It means that it is codified and approved though seemingly eliminated.
When black people have been incarcerated for years following discriminatory and prejudiced practices, they will be overly burdened by legal denials of housing. When housing policies have driven black people toward eviction at disproportionately higher rates than other groups for centuries, then denying someone on the grounds of prior evictions will disproportionately impact black people. The result is that the discriminatory practices that once existed openly and deliberately to harm minority groups for the benefit of the majority will continue, but with the presentation of authority and fairness under the law. This is how ostensibly equal treatment under the law can have such unequal impacts for people in an unequal society.

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