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.
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