The Future of Disparate Impact
50 Pages Posted: 30 Oct 2009 Last revised: 2 Feb 2010
Date Written: October 28, 2009
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.
Keywords: Constitutional law, Title VII, disparate impact, equal protection, civil rights
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