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U.S. Supreme Court Provides Employers Guidance on How to Avoid Disparate Impact and Disparate Treatment Claims

August 2009
Employment Law Notes
On June 29, 2009, the United States Supreme Court issued its ruling in Ricci v. DeStefano, the “White Firefighter” case that involved dueling discrimination claims arising from a fire department’s promotion practices. And, while the case was somewhat of a dud in Judge Sonia Sotomajor’s confirmation hearings, it provides employers further guidance on how to evaluate problems that may arise in using objective data in personnel practices.