Law360, New York (July 17, 2009, 1:23 PM EDT) -- In Ricci v. DeStefano, decided on June 29, 2009, the Supreme Court ruled that “race-based action like the city’s in this case is impermissible under Title VII unless the employer can demonstrate a strong basis in evidence that, had it not taken the action, it would have been liable under the disparate-impact statute.”
Justice Kennedy wrote the opinion for a 5-4 majority including Justices Roberts, Scalia, Thomas and Alito. Justice Ginsberg filed a dissenting opinion joined by Justices Stevens, Souter and Breyer.
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