United States Second Circuit

A per se rule, that the lack of statistical information as to an applicant pool always renders it impossible to establish a prima facie disparate impact case, is not appropriate in cases where data concerning the number of qualified Hispanics who applied for the at-issue promotions are not available.

Appellate Information

• Decided 02/20/2003
• Published 02/20/2003

Judges

• MINER, Circuit Judge., Before:  MINER, SOTOMAYOR, and KATZMANN, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Laura Lee A. Dorflinger,Law Office of W. Martyn Philpot, Jr., L.L.C., New Haven, CT, for Plaintiff-Appellant.


• For Appellees:
  
• Anthony T. Rice, Special Assistant United States Attorney, United States Postal Service, Northeast Area Law Office, Windsor, CT (Jeffrey A. Meyer, Assistant United States Attorney, of counsel, John A. Danaher III, United States Attorney), for Defendant-Appellee.