Court Rejects City’s Efforts to Avoid Discrimination Claims
Today, the United States Supreme Court held that the City of New Haven, Connecticut violated Title VII, when it refused to certify the results of its promotional exams, which advanced almost only white firefighters for promotion. Ricci v. DeStefano (No. 07-1428, June 29, 2009). New Haven is made up of almost 60% minorities, but only a very small percentage of the promotion list included minority candidates. The city was understandably concerned about being sued for disparate impact discrimination. The Supreme Court rejected the City’s concern and actions, holding that the City could not demonstrate that it would have been sued if it hadn’t thrown out the test.
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