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Ricci v. DeStefano
(U.S. Supreme Court)
Standards for discarding employment test results with disparate racial impact
This controversial 5 to 4 decision involves whether New Haven could properly discard promotion test results that they believed could have led to a racial discrimination suit by blacks. The majority ruled that the city could not reject the test results unless it could demonstrate a strong basis in evidence that it would have been liable under the disparate impact provisions of Title VII of the Civil Rights Act. The Court found that if it had certified the test results, black plaintiffs may have been able to show a prima facie case of disparate impact, but the city could have rebutted that case by showing that the test was job-related and consistent with business necessity and there was no alternative with a less disparate impact.
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