I believe the problem is that we have not followed the advice of Carey McWilliams. In his 1945 article advocating laws against race discrimination (which he helped draft), he said such laws should be enforced "as a matter of public policy rather than by individual action as a matter of personal privilege.” Our problem is that we have focused on the individual rights, rather than the problem of racism itself.

https://aninjusticemag.com/why-our-laws-against-discrimination-have-failed-a85c4e83a6d4

If Blacks are significantly under-represented at a particular college, for example, that is an indication of a problem of racism, even if no individual Black applicant can prove that they were individually discriminated against. And just announcing that the "problem" is "systemic racism" is not enough. That is only the beginning of the inquiry. What is it about the system itself which perpetuates racism? How can the system itself be changed to fix this problem?

Racism is a question. It is up to us to find an answer.

https://aninjusticemag.com/systemic-racism-is-a-question-not-an-answer-eaef548e170c