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The responsibility for uncovering discrimination falls on both scholars and civil rights enforcement officials. Scholars ask whether discrimination exists and why it arises; enforcement officials ask whether particular firms are discriminating. This article investigates the points of commonality and divergence in these two lines of inquiry. We demonstrate a need for more research focusing on discrimination as defined by the law and for more enforcement building on the methodological lessons in the research literature. We also show that disparate-impact discrimination cannot be identified with current enforcement tools but could be identified with methods in the scholarly literature.
