Futures and Options

Just another town along the road.

Monday, June 29, 2009

Ricci v. DeStefano

Haven’t had a chance to read through the full ruling yet, but so far this one looks like a win for rationality.  If you’re not familiar with the case, George Will provided an excellent summary about two months ago.

posted by Zenmervolt at 10:15  

1 Comment »

  1. Finally got around to reading the opinions in Ricci. The majority’s holding actually struck me as fairly narrow. Here’s the substance of it:

    “We hold only that, under Title VII, before an employer can engage in intentional discrimination for the asserted purpose of avoiding or remedying an unintentional disparate impact, the employer must have a strong basis in evidence to believe it will be subject to disparate-impact liability if it fails to take the race-conscious, discriminatory action.”

    This seems fairly unexceptional. It merely sets out an evidentiary standard (“strong basis”) to apply in situations where an employer is concerned about disparate racial impacts of certain actions. It certainly does not do away with disparate impact liability altogether, as Scalia points out in his concurrence but which some of the popular (liberal) accounts of the case seem to suggest.

    I agree, a win for rationality.

    Comment by Strix nebulosa — Monday, 06 July, 2009 @ 04:35

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