Before this thread runs away too far, it should be noted that this ruling is a very technical ruling by the Court regarding the burdens of proof in disparate impact discrimination cases. The City of New Haven tried to justify its decision based on the unbalanced results of the test in order to avoid litigation but the Court ruled that such a defense was only available if the City could show it had a "strong basis in evidence" that had it not taken the action, it would have been liable for discrimination by the racial groups that did not pass the test. The Court held that the record in the case did not support the City in that decision and that the City could not meet that burden. In the ruling the Court also rejected two of the arguments made by the plaintiff firefighters.
Sorry to play employment lawyer with you but this ruling really is a limited ruling on legal burdens of proof that should only get a rise out of the employment lawyers advising business clients.
|