Stats Needn't Cover All Excuses For Disparate Impact: 9th Circ.

Law360, New York (May 29, 2012, 5:13 PM EDT) -- The Ninth Circuit on Tuesday found that employees using statistical evidence in a prima facie case alleging disparate treatment don't need to address all possible explanations a defendant suggests, in a suit launched by two former on-air reporters for a CBS Broadcasting Inc. subsidiary.

Although it affirmed a lower court's decision to dismiss a suit brought by William Schechner and John Lobertini, reporters for CBS-owned KPIX-TV, the Ninth Circuit found that plaintiffs don't need to preemptively account for every explanation a defendant may toss out when...
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