George Patterson | Bloomberg Law Briscoe v. City of New Haven, No. 10-1975-cv, 2011 BL 211084 (2d Cir. Aug. 15, 2011) The Second Circuit held that the Supreme Court's decision in Ricci v. DeStefano, 129 S.Ct. 2658, 2009 BL 139592 (2009), did not preclude a black firefighter's claim that the City of New Haven, Connecticut's promotion exam had a disparate impact on minority candidates in violation of Title VII of the Civil Rights Act of 1964 (Title VII), 42 U.S.C. § 2000e, et seq. Ricci held that the City violated Title VII by engaging in disparate treatment when it refused to certify the exam's results because they disproportionately benefitted white candidates. The Ricci Court also found that the City lacked a "strong basis in evidence" for concluding that it had to set aside the exam results to avoid a potential disparate impact suit by minority firefighters. However, when a black firefighter subsequently filed a disparate impact action, the Second Circuit declined to give preclusive effect to Ricci on the ground that Title VII provided an independent defense in disparate impact cases when an employment policy or practice adversely affecting minorities is "job related" and "consistent with business necessity." 42 U.S.C. § 2000e-2(k)(1).
Racially Disparate Exam Results
Strong Basis in Evidence
No Clear Standard
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