The doctrine of disparate impact is plainly immoral and flies in the face of freedom of association. Society should punish companies which display behaviors they do not approve of using the market instead of the government.
Were we to take the second sentence seriously, we would have to conclude that the general idea of prohibition of discrimination of whatever kind in non-governmental action (whether employment or public accommodation) was immoral, not merely the specific doctrine of disparate impact.
I agree to the general idea that the government should try to do as little moral arbitration as possible. The concept of "separation of church and state" would be best modernized and secularized as the "separation of morality and state".
