United States Second Circuit
US v. New York City Bd. of Educ., 08-5171
In a tangled, Title VII disparate-impact dispute alleging racial discrimination in the hiring practices of defendant, judgment of the district court finding retroactive seniority to be constitutional if the beneficiary is an actual victim of discrimination is affirmed in part and vacated in part because: 1) the proper test to be applied where an employer provides individualized race- or gender-conscious benefits as a remedy for previous disparate impact is the Ricci standard, under which the defendant, fractionally, met its burden of showing a strong basis in evidence that, at the time it adopted retroactive seniority , it was faced with disparate-impact liability; and 2) the adoption was necessary to avoid or remedy that liability.
Appellate Information
- Decided 05/05/2011
- Published 05/05/2011
Judges
- CALABRESI
Court
- United States Second Circuit