Supreme Court Holds That Disparate-Treatment Discrimination Must Be Based Upon Strong Basis in Evidence of Potential Liability for Disparate Impact Discrimination

more+
less-

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. Justices Scalia and Alito also filed concurring opinions. Because its ruling is grounded on Title VII, the case has significance for all employers in both the private and government sectors.

Please see full update for more information.

LOADING PDF: If there are any problems, click here to download the file.


DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Morrison & Foerster LLP | Attorney Advertising

Written by:

more+
less-

Morrison & Foerster LLP on:

JD Supra Readers' Choice 2016 Awards
Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.

Already signed up? Log in here

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.
×
Loading...
×
×