Actions on the Basis of Race are Impermissible under Title VII Unless the Employer Can Show a Strong Basis in Evidence That if Action Was Not Taken, the Employer Would Be Held Liable under the Disparate-Impact Statute: Ricci v. DeStefano

Authors

Katlin L. Connelly

Abstract

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).

First Page

673

Recommended Citation

Katlin L. Connelly, Actions on the Basis of Race are Impermissible under Title VII Unless the Employer Can Show a Strong Basis in Evidence That if Action Was Not Taken, the Employer Would Be Held Liable under the Disparate-Impact Statute: Ricci v. DeStefano, 48 Duq. L. Rev. 673 (2010).
Available at: https://dsc.duq.edu/dlr/vol48/iss3/6