The Future of Disparate Impact

50 Pages Posted: 30 Oct 2009 Last revised: 2 Feb 2010

See all articles by Richard Primus

Richard Primus

University of Michigan Law School

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

Suggested Citation

Primus, Richard, The Future of Disparate Impact (October 28, 2009). Michigan Law Review, Vol. 108, 2010, U of Michigan Public Law Working Paper No. 172, Available at SSRN:

Richard Primus (Contact Author)

University of Michigan Law School ( email )

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