The Second Circuit today reinstated claims brought by a black firefighter against the City of New Haven alleging that he was unfairly denied promotion to the position of lieutenant because of the city’s scoring of a 2003 promotional exam. (I covered the original lawsuit back in 2009 here.) The decision in Briscoe v. City of… Continue Reading
Tag Archives: disparate impact
BREAKING: Supreme Court Rejects Class Action Against Wal-Mart
Posted in Class Actions, Discrimination & Harassment, LitigationBack in March, I reported on the likelihood of a victory for Wal-Mart in an important class action case up at the U.S. Supreme Court. This morning, the Supreme Court unanimously rejected the class action against the nation’s largest employer, saying, in essence, that the women who were bringing the sex discrimination charges would have… Continue Reading
Court: Department of Corrections’ Physical Fitness Test Discriminates Against Women
Posted in Class Actions, Discrimination & Harassment, Human Resources (HR) Compliance, LitigationLast week, a federal district court in Connecticut held that the Department of Corrections violated federal law in instituting a discriminatory physical fitness test that created a disparate impact on women. It also found that the test was not job-related or necessary. In doing so, the court granted summary judgment to the employee and… Continue Reading
Disparate Impact Claims May Have Extended Statute of Limitations Calculations, Rules U.S. Supreme Court
Posted in Discrimination & Harassment, LitigationBack in February, I noted that not all U.S. Supreme Court cases are created equal and warned employers not to get too excited about a case that was then being argued in front of the U.S. Supreme Court — Lewis v. City of Chicago. Yesterday, the Court released its unanimous decision (download here) in that… Continue Reading
Supreme Court Hears Arguments on Title VII Test Case; Will It Be Significant For Employers Or Just Academics?
Posted in CHRO & EEOC, Discrimination & Harassment, LitigationThere is a common misconception about the U.S. Supreme Court that all cases that it rules on are created equal. They’re not. Some take on more significance than others. Case in point: Lewis v. City of Chicago, which was argued yesterday (transcript available here). I’ve previously discussed the case in an earlier post. The… Continue Reading
Black Firefighters Move to Intervene in Ricci v. DeStefano
Posted in CHRO & EEOC, Discrimination & Harassment, LitigationYesterday, a group of black firefighters filed a motion to intervene in the Ricci v. DeStefano case claiming their rights will be "irrevocably impaired " if they aren’t allowed to join in the case. You can download the motion and the accompanying memorandum of law here. The motion was not unexpected though I’m not sure… Continue Reading
Ricci Redux: Black Firefighter Files Suit Against New Haven Alleging Race Discrimination
Posted in Discrimination & Harassment, LitigationWell, that didn’t take too long. Just a few months after the U.S. Supreme Court’s ruling in Ricci v. DeStefano, a black firefighter filed suit yesterday in U.S. District Court alleging that he was unfairly denied promotion to the position of lieutenant because of the city’s scoring of a 2003 promotional exam. You can download… Continue Reading
Five Things Employers Can Learn from the Ricci v. DeStefano Case
Posted in Discrimination & Harassment, Human Resources (HR) Compliance, LitigationAlthough I tipped my hand yesterday through some posts (here and here) and an interview with the Connecticut Law Tribune, here are some takeaways for employers from the Ricci v. DeStefano case. The Decision Applies to Private Employers. Before Ricci was decided, the case could’ve gone two ways — it could have been based on… Continue Reading
What Employers Need to Know About Ricci v. DeStefano – A Free Webinar
Posted in Discrimination & Harassment, LitigationA further read-through of the Ricci v. DeStefano case today has reinforced my view that there are going to be some real lessons learned for employers out of this case. The case had the potential of being a very narrow decision which would have minimized the impact to employers. However, because the court addresses head-on… Continue Reading
Ricci v. DeStefano – Wrapup of Coverage of Oral Argument
Posted in Discrimination & Harassment, LitigationThere’s lots of coverage this morning on the Ricci v. DeStefano (otherwise known as the New Haven firefighter reverse discrimination claim) oral argument at the Supreme Court yesterday — among the most significant discrimination cases arising in Connecticut in years. Here’s a wrap-up: Ellen Simon, of the Employee Rights Post, rightly points out the dilemma… Continue Reading
Ricci v. DeStefano – Oral Argument Transcript Available Here
Posted in Discrimination & Harassment, LitigationIf only all trial and deposition transcripts happened this quickly…. The Supreme Court held oral argument in the Ricci v. DeStefano case earlier today. The transcript is now available here. The Workplace Prof has the snap judgment which seems pretty on point from my initial scans: I’ve skimmed it enough to see that there’s a… Continue Reading
Reducing Risks in a Reduction in Force – Is There a Perfect Solution
Posted in Class Actions, Discrimination & Harassment, Human Resources (HR) ComplianceAddressing the legal risks associated with a reduction in force (or "RIF") has long been a topic on this blog. In fact, looking in my crystal ball way back in January 2008, I suggested that it would the hot topic before years’ end. Flash forward to the present, and the headlines continue to be dominated… Continue Reading
Second Circuit Allows Employer to Throw Out Test Results That May Have Had Disparate Impact On African-Americans
Posted in Discrimination & Harassment, Laws and Regulations, LitigationEd: Updated to reflect newer posts and correct style There are many employment lawyers who subscribe to the belief that "No Good Deed Goes Unpunished". A case out of Connecticut and the Second Circuit this month certainly won’t change that perception. Indeed, although the case may have political undertones, it sets up a classic factual… Continue Reading
Lawsuit to be Filed over State Police Hiring Practices; A Primer on Disparate Impact Theory
Posted in CHRO & EEOC, Class Actions, Discrimination & Harassment, Human Resources (HR) Compliance, LitigationAttorney John Williams is well-known in this state for his avid representation of various state workers — particularly state police officials — in discrimination matters. Yesterday, he held a press conference to announce that he will be filing a class action lawsuit in a few weeks challenging the hiring procedures of the Connecticut State Police. The Hartford… Continue Reading
Personality Tests – Beware the Disparate Impact
Posted in CHRO & EEOC, Discrimination & Harassment, Human Resources (HR) ComplianceAlthough I’ve touched on the issue of personality tests before here and here, I was recently interviewed in the December 2007 issue of Law Office Administrator (published by Ardmore Publishing) about some further specifics. In it, I highlight two important points that employers should consider before using them: Why Is the Test Being Used? and, Does… Continue Reading
Reductions in Force (RIF) Are Back; Are Employment Lawsuits (and MySpace Pages about Layoffs) Close Behind in 2008?
Posted in Class Actions, Discrimination & Harassment, Human Resources (HR) Compliance, LitigationThese days, everyone seems to be jumping on the wage and hour bandwagon, predicting an endless stream of lawsuits for 2008, just as there was for 2007. But just as mutual funds preach that "past performance is no guarantee of future success", I would argue that focusing too much on one trend, misses an opportunity… Continue Reading
About Daniel Schwartz
Trusted advisor. Experienced employment law attorney. Bar leader. Award-winning author. Noted Speaker. "Legal Rebel". All can be said to be apt descriptions of Daniel Schwartz, a member of Pullman & Comley. More +
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