The New Haven fire department, by virtue of its loss in Ricci, is now subject to a disparate-impact claim from minority firefighters who did not benefit from the recognition of test results after the Supreme Court's resolution of the disparate treatment claim. As the Second Circuit notes, this is largely a consequence of the litigation choices of the city in conjunction with existing incoherent disparate-impact law. But the effect is that just about any civil-service promotion method is the subject of a prima facie claim of illegality.
Damned if you do files: Briscoe v. New Haven
- Meal break law before California Supreme Court
- Blessing v. Sirius XM racial quota update
- Around the web, April 11
- What does the Baylor Law data leak tell us about affirmative action?
- Around the web, March 13
- Frank v. Fitzpatrick: I get to say "told you so!"
- Setback for Chevron in fraudulent Ecuador litigation
- EEOC: discrimination against criminals is illegal
- Frankel on Baer race quota orders
- CCAF Second Circuit brief in Blessing v. Sirius XM Radio, Inc.
- Hans Bader uncovers a Catch-22 in EEOC enforcement
- Proposed HUD regulation: no discriminatory intent needed to violate Fair Housing Act
- Second Circuit Interprets Prison Litigation Reform Act to Cap Attorney's Fee Award at $1.40
- An employee's revenge
- Cain and sexual harassment charges
Center for Legal Policy at the