Supreme Court Holds That Disparate-Treatment Discrimination Must Be Based Upon Strong Basis In Evidence Of Potential Liability For Disparate Impact Discrimination

Mondaq Business Briefing › United States Law Articles in English (2009)

Author: Mr Daniel Westman

Author position: Morrison & Foerster LLP

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Supreme Court Holds That Disparate-Treatment Discrimination Must Be Based Upon Strong Basis In Evidence Of Potential Liability For Disparate Impact Discrimination

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

...

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