Disparate Impact And The Strong-Basis-In-Evidence Standard
June 10, 2016, 11:01 AM EDT
Law360, New York (June 10, 2016, 11:01 AM EDT) -- In Ricci v. DeStefano, the U.S. Supreme Court addressed the issue of when, if ever, can an employer lawfully use race- or gender-conscious action to avoid or remedy a disparate impact violation under Title VII of the Civil Rights Act of 1964. In Ricci, the city of New Haven, Connecticut, conducted promotional examinations for its firefighters.
Citing concerns over disparate impact liability, the city jettisoned the results when white candidates disproportionately outperformed black and Hispanic candidates. As a result, several white firefighters sued the city and...