In what one journalist termed “the perfect storm for employers,” the United States Supreme Court settled the very controversial case of “Ricci v. DeStefano,” a major employment discrimination lawsuit
In what one journalist termed “the perfect storm for employers,” the United States Supreme Court settled the very controversial case of “Ricci v. DeStefano,” a major employment discrimination lawsuit.
June 2009, the decision involved the following situation, as outlined in the case syllabus: “The City of New Haven, Connecticut, uses objective examinations to identify those firefighters best qualified for promotion. When the results of such an exam to fill vacant lieutenant and captain positions showed that white candidates had outperformed minority candidates, a rancorous public debate ensued. Confronted with arguments both for and against certifying the test results—and threats of a lawsuit either way—the City threw out the results based on the statistical racial disparity. The petitioners, who passed the exams but were denied a chance at promotions by the City’s refusal to certify the test results, sued the city and the respondent city officials, alleging that discarding the test results discriminated against them based on their race in violation of Title VII of the Civil Rights Act of 1964. The defendants responded that had they certified the test results, they could have faced Title VII liability for adopting a practice having a disparate impact on minority firefighters.”
This case puts the employer in a “no-win” situation because the employer is forced to choose between facing liability for disparate impact discrimination or face liability for disparate treatment discrimination. What is your reasoned, legal opinion of this situation? Do you agree with the Court’s decision? Why or why not? How would you, the business manager, have handled a similar situation? How will this case affect your decisions regarding the hiring, promotion, and termination of employees? Can an employer still conduct a disparate impact analysis when faced with layoffs or terminations?
|Academic Level||College (3-4 years: Junior, Senior)|
|Subject Area||Business Studies|
|Paper Type||Article review|
|Number of Pages||1 Page(s)/275 words|