Putting Use Of Employment Tests To The Test

Law360, New York (August 3, 2009, 4:22 PM EDT) -- Much has now been written about the Supreme Court’s decision in Ricci v. DeStefano, in which the court sought to resolve what it saw as inherent tension between Title VII’s disparate treatment and disparate impact provisions.

In this case, the court found that the City of New Haven intentionally discriminated against several white firefighters and one Hispanic firefighter when it refused to certify the results of a test administered to determine which firefighters qualified for promotions.

The city refused to certify the test results based on...
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