From Wikipedia, the free encyclopedia Kirkland v. New York State Department of Correctional Services
Kirkland v. New York State Department of Cor-
rectional Services
In Kirkland v. New York State Department of Correctional Ser- approving a settlement "would seriously undermine Title
vices 711 F.2d 1117 (2d Cir. 1983), the Second Circuit af-
vices, VII’s preference for voluntary compliance and is not war-
firmed the district court’s approval of a settlement that ranted," id. at 1130. Thus, "a showing of a prima facie
determined promotional order based partly on exam re- case of employment discrimination through a statistical
sults and partly on race-normed adjustments to the ex- demonstration of disproportionate racial impact consti-
am, after minority employees made a prima facie show- tutes a sufficiently serious claim of discrimination to
ing that the test had an adverse impact on minorities. serve as a predicate for a voluntary compromise contain-
The Court of Appeals noted that "voluntary compliance ing race-conscious remedies." Id. at 1130.
is a preferred means of achieving Title VII’s goal of elimi- The case was cited in the District Court opinion for
nating employment discrimination," id. at 1128, and that Ricci v. DeStefano, which was decided by the Supreme
requiring a full hearing on the test’s job-validity before Court on June 29, 2009.
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Categories:
• United States affirmative action case law
• United States Court of Appeals for the Second Circuit cases
• 1983 in United States case law
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