Labor/Employment
Jul. 10, 2009
'Ricci' and a Hard Place
'Ricci' is a reminder that even well-intentioned employment decisions are unlawful if they are principally based on protected status such as race, writes D. Gregory Valenza.
When is it lawful under anti-discrimination laws for an employer to intentionally discriminate against members of one protected class, to avoid a disparate impact claim by individuals in another protected group? The U.S. Supreme Court addressed that question in Ricci v. DeStefano, 2009 DJDAR 9567 (June 29, 2009). The court's decision explains the interplay between two branches of anti-discrimination laws: disparate treatment and ...
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