Duquesne Law Review


The United States Supreme Court held that race based actions that would otherwise amount to disparate treatment discrimination are impermissible under Title V11, unless the employer can demonstrate a strong-basis-in-evidence that, if the employer did not take the action, liability would arise under the disparate- impact statute. The Appellees did not demonstrate that liability would likely arise and therefore, the Appellees violated Title VII.

Ricci v. DeStefano, 129 S. Ct. 2658 (2009).

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