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"As long as I have any choice, I will stay only in a country where political liberty, toleration, and equality of all citizens before the law are the rule." - Albert Einstein

Reversal of Course, not Sotomayor, in Ricci v. DeStefano

Posted: July 1, 2009 Filed under: Case Law, Employment Law, Law-Related News

This article explains that the US Supreme Court’s decision in Ricci v. DeStefano shifted course and changed the rules for determining when job requirements producing a “disparate impact” on minorities are permitted.

The five justice majority established a new standard for determining when employers may toss facially-neutral promotional exams. Previously, employers had to justify job requirements having a “disparate impact” on minorities by showing the job requirement was “actually necessary.” Now, under Ricci, employers may not ignore the results of job requirements, such as promotional exams, unless the employer can demonstrate “a strong basis in evidence” that it would have been liable for disparate-impact discrimination if it didn’t act.

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