The Future of Disparate Impact
University of Michigan Law School
October 28, 2009
Michigan Law Review, Vol. 108, 2010
U of Michigan Public Law Working Paper No. 172
The Supreme Court's decision in Ricci v. DeStefano (i.e., the New Haven firefighters case) foregrounded the question of whether Title VII's disparate impact standard conflicts with equal protection. This Article shows that there are three ways to read Ricci, one of which is likely fatal to disparate impact doctrine but the other two of which are not.
Number of Pages in PDF File: 50
Keywords: Constitutional law, Title VII, disparate impact, equal protection, civil rightsAccepted Paper Series
Date posted: October 30, 2009 ; Last revised: February 2, 2010
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