THE FUTURE OF DISPARATE IMPACT

The Supreme Court's decision in Ricci v. DeStefano foregrounded the question of whether Title VII's disparate impact standard conflicts with equal protection. This Article shows that there are three ways to read Ricci, one of which is likely fatal to disparate impact doctrine but the other...

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Bibliographic Details
Published in:Michigan law review 2010-06, Vol.108 (8), p.1341-1387
Main Author: Primus, Richard
Format: Article
Language:English
Subjects:
Affirmative action
African Americans
Civil Rights Act of 1964 (United States)
Constitutional law
Disparate impact
Disparate treatment
Employer liability
Employers
Employment
Employment discrimination
Equal protection
Equality before the law
Fire fighting
Firefighters
Laws, regulations and rules
Plaintiffs
Public officials
Race
Race discrimination
Racial discrimination
Reading
State court decisions
Statutory law
Supreme Court decisions
U.S. states
United States Supreme Court doctrines
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Description
Summary:The Supreme Court's decision in Ricci v. DeStefano foregrounded the question of whether Title VII's disparate impact standard conflicts with equal protection. This Article shows that there are three ways to read Ricci, one of which is likely fatal to disparate impact doctrine but the other two of which are not.
ISSN:0026-2234
1939-8557