United States Third Circuit

In a Title VII action alleging employment discrimination based on race arising from state transportation agency's policy, which allegedly unnecessarily disqualifying applicants because of prior criminal convictions, summary judgment for the agency is affirmed where: 1) no reasonable juror could find on the record that agency's hiring policy was inconsistent with business necessity; and 2) no evidence in the record indicated that any alternative policy would have less of a disparate impact.

Appellate Information

• Decided 03/19/2007
• Published 03/19/2007

Judges

• AMBRO, Circuit Judge., Before McKEE, and AMBRO, Circuit Judges, RESTANI, Chief Judge.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Eugene A. Spector, Esquire, David J. Cohen, Esquire (Argued), Spector, Roseman & Kodroff, P.C., Philadelphia, PA, Timothy M. Kolman, Esquire, Wayne A. Ely, Esquire, Timothy M. Kolman and Associates, Langhorne, PA, Counsel for Appellant., Theodore M. Shaw, Director-Counsel and President, Norman J. Chachkin, Esquire, Robert H. Stroup, Esquire, Melanca D. Clark, Esquire, NAACP Legal Defense & Educational Fund, Inc., New York, NY, Sharon M. Dietrich, Esquire, Community Legal Services, Inc., Philadelphia, PA, Counsel for Amicus-Appellants.


• For Appellees:
  
• Saul H. Krenzel, Esquire (Argued), Robert J. Haurin, Esquire, Saul H. Krenzel & Associates, Philadelphia, PA, Counsel for Appellee.