THE DISPARITY BETWEEN DISPARATE TREATMENT AND DISPARATE IMPACT AN ANALYSIS OF THE RICCI CASE

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THE DISPARITY BETWEEN DISPARATE TREATMENT
           AND DISPARATE IMPACT:
        AN ANALYSIS OF THE RICCI CASE
                      Brian P. Winrow, Winona State University
                      C
				
DOCUMENT INFO
Description: The purpose of the article is to provide practitioners and scholars a working knowledge of the US Supreme Courts recent holding in Ricci v. DeStefano, addressing whether an employer can engage in disparate treatment of one class of employees/applicants in order to remedy the disparate impact of another class. This article examines reported cases pertaining to Title VII of the Civil Rights Act. The focus was on cases and literature pertaining to the inherent conflict between disparate treatment and disparate impact legislation. Published cases underwent a comprehensive case review using the Westlaw research system. The 2009 US Supreme Court holding in Ricci prohibits employers from taking adverse action against employees/candidates that successfully complete the employers criteria, in order to address a claim of disparate impact, unless the employer can establish that there is a strong basis in evidence to warrant the discrimination. The article incorporates recent court cases in what has become the most litigated facet of law for employers.
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