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Tag Archives: ricci

BREAKING: Second Circuit Allows Black Firefighter’s Suit Against New Haven To Proceed

By Daniel Schwartz on Posted in Class Actions, Discrimination & Harassment, Litigation

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

BREAKING: Ricci v. DeStefano Plaintiffs Accept Offers Of Judgment

By Daniel Schwartz on Posted in Discrimination & Harassment, Litigation

News outlets this morning reported that the plaintiffs (a group of firefighters in New Haven) in the Ricci v. DeStefano reverse discrimination case were awarded damages of about $2 million (plus attorneys fees of $3 million). What the reports don’t really get into, however, is exactly how that has come about. Turns out that the… Continue Reading

Court: Department of Corrections’ Physical Fitness Test Discriminates Against Women

By Daniel Schwartz on Posted in Class Actions, Discrimination & Harassment, Human Resources (HR) Compliance, Litigation

Last 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

Of Credit Histories, Ricci’s Impact & The Gender Wage Gap

By Daniel Schwartz on Posted in Human Resources (HR) Compliance

Been a busy week so there’s time only for a few things to some recent and upcoming publications, podcasts and radio shows that I’m involved with.  My thanks to the respective producers or reporters for the opportunity. First, the Daily Labor Reports and U.S. Law Week each did a lengthy piece this week on the… Continue Reading

Plaintiffs in Ricci v. DeStefano Move to Disqualify District Court Judge

By Daniel Schwartz on Posted in Litigation

The Ricci v. DeStefano case (now on remand from the U.S. Supreme Court) has vanished from the headlines, but the case is still kicking around as the courts and the parties attempt to fashion a remedy that fits with the judgment in favor of the plaintiffs. For some time now, however, the plaintiffs have made… Continue Reading

Before the Ball Drops — 2009: The Year of Ricci v. DeStefano And…

By Daniel Schwartz on Posted in Legislative Developments

2009 will not go down as the most exciting year for employment law. There were a number of "honorable mentions" for items that have had an impact, but nothing — in my view really stands out. I suppose for Connecticut, the Ricci v. DeStefano case has to be put up at the top of the… Continue Reading

Wait, There’s ANOTHER Firefighter Race Discrimination Case in New Haven? (Yes, and the Conn. Supreme Court Just Ruled On It)

By Daniel Schwartz on Posted in Litigation

So, while everyone has been paying attention to the Ricci v. DeStefano case, which dealt with a group of white firefighters who claim that they should’ve been promoted, another case involving New Haven firefighters has been making its way through the state court system. (As an aside, are there any firefighters in New Haven who… Continue Reading

District Court Enters Judgment Against New Haven; Orders 14 Firefighters to be Promoted

By Daniel Schwartz on Posted in Litigation

It was never really a question of if, but when. And yesterday, the United States District Court in Connecticut made final what had long been anticipated in the Ricci v. DeStefano case — the promotions of various firefighters to the positions of Lieutenant and Captain.  You can download the order here. In doing so, the… Continue Reading

Black Firefighters Move to Intervene in Ricci v. DeStefano

By Daniel Schwartz on Posted in CHRO & EEOC, Discrimination & Harassment, Litigation

Yesterday, 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

By Daniel Schwartz on Posted in Discrimination & Harassment, Litigation

Well, 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

Ricci v. DeStefano – Attorneys for Both Parties Put Their Spin on Decision & Its Impact for Employers

By Daniel Schwartz on Posted in Discrimination & Harassment, Litigation

CORRECTED LINK Over 100 people packed the Grand Courtroom of the Quinnipiac University School of Law last night to hear a panel presentation and discussion on the Ricci v. DeStefano case decided earlier this year by the United States Supreme Court. The event, sponsored, in part by the Young Lawyers Section of the Connecticut Bar Association,… Continue Reading

Ricci v. DeStefano Webinar Presentation and Materials Now Available Online

By Daniel Schwartz on Posted in Discrimination & Harassment, Human Resources (HR) Compliance, Litigation

Thank you to all the attendees of our webinar earlier this afteroon on "Ricci v. DeStefano – What Employers to Know".  The attendance was up substantially over our first webinar and the feedback has been terrific. In case you missed it, however, you’re not out of luck.  You can view and download the Powerpoint slides… Continue Reading

Five Things Employers Can Learn from the Ricci v. DeStefano Case

By Daniel Schwartz on Posted in Discrimination & Harassment, Human Resources (HR) Compliance, Litigation

Although 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

Ricci v. DeStefano – The Best of Today’s Coverage of the Supreme Court Decision

By Daniel Schwartz on Posted in Litigation

For a case out of little Connecticut, the Ricci v. DeStefano case today sure has drawn big interest. Seems like everyone has an opinion on the matter. There are plenty of wrapups of the case out today. Many of them are, predictably, saying much of the same thing: Interesting case; probably applies to private employers;… Continue Reading

What Employers Need to Know About Ricci v. DeStefano – A Free Webinar

By Daniel Schwartz on Posted in Discrimination & Harassment, Litigation

A 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

BREAKING: Ricci v. DeStefano – Supreme Court Reverses Second Circuit And Finds New Haven Violated Title VII in 5-4 Decision

By Daniel Schwartz on Posted in Discrimination & Harassment, Litigation

In closing out its 2008-09 term today  the U.S. Supreme Court ruled 5-4, along ideological lines that the city of New Haven violated Title VII in refusing to promote a group of white firefighters and refusing to apply the results of a test that it claimed would have had a disparate impact on minorities. The… Continue Reading

Still Awaiting A Decision on Ricci v. DeStefano

By Daniel Schwartz on Posted in Discrimination & Harassment, Litigation

Those waiting for a decision in the hotly-anticipated Ricci v. DeStefano case will have to wait a few more days (likely Monday). The U.S. Supreme Court released the decisions for the day this morning and Ricci was not among them. It is now expected to be released early next week. It is one of just… Continue Reading

What Will Happen After Ricci v. DeStefano is Decided?

By Daniel Schwartz on Posted in CHRO & EEOC, Litigation

The Supreme Court is expected to rule later this month on the controversial case of Ricci v. DeStefano, the case out of New Haven, Connecticut involving a group of white firefighters who have alleged discrimination by the city. But what will happen after the court rules on the case? That’s the subject of an interesting post… Continue Reading

Ricci v. DeStefano – How a Little Case Out of New Haven Has Become A “Big Deal”; And Should It Be One?

By Daniel Schwartz on Posted in Discrimination & Harassment, Litigation

Over the last 24 hours, much virtual ink has been spilled on a case pending before the U.S. Supreme Court, Ricci v. DeStefano, because Judge Sonia Sotomayor — one of the judges handling the case at the Court of Appeals — has been nominated to the Court. (I’ve covered the case in various posts here.) … Continue Reading

Awaiting a Decision in Ricci v. DeStefano – More Followup

By Daniel Schwartz on Posted in Discrimination & Harassment, Human Resources (HR) Compliance, Litigation

In the next month or so, the U.S. Supreme Court is expected to issue its decision (or multiple decisions) in the Ricci v. DeStefano matter (for background, see my prior posts here). In the meantime, other bloggers and writers have been adding their views to fill out the spectrum.  On the Talking Points Memo site,… Continue Reading

Ricci v. DeStefano – Wrapup of Coverage of Oral Argument

By Daniel Schwartz on Posted in Discrimination & Harassment, Litigation

There’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

By Daniel Schwartz on Posted in Discrimination & Harassment, Litigation

If 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

Ricci v. DeStefano – It’s Oral Argument Day; A Recap of Coverage

By Daniel Schwartz on Posted in Discrimination & Harassment, Litigation

Later this morning, the United States Supreme Court will hold oral argument on an important reverse discrimination case brought by a group of firefighters in New Haven, CT.  I’ve summarized the case in prior posts (including the latest here). This case, Ricci v. DeStefano, presents recurring issues regarding proper application of Title VII and the  Equal… Continue Reading