LAW 664 Lecture Notes - Lecture 10: Disparate Impact, Civil Rights Act Of 1964, Reasonable Person
6 Jun 2020
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Possible tension between disparate treatment and disparate impact: ricci v. destefano, facts: independent agency helped them create a test and oversampled minorities to ensure fairness. 3 months of prep time and materials were provided to applicants. 17 white and 1 hispanic firefighter challenged the failure to certify the exam as disparate treatment: scotus: started with premise that city"s actions violated disparate treatment unless there was a valid defense. Different than district court which started by assuming there was no discriminatory intent: court believed test was viable and job related. Therefore, it was fair: the city"s decision was race based. Therefore, defendant"s needed a valid defense: begged the question of whether white people can bring suit under title vii. If employees cant act until title vii has been violated, they may not act at all and allow more violations: defendant"s argument: good faith belief of disparate impact should be enough.
