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“If, after it certifies the test results, the City faces a disparate-impact suit, then in light of our holding today it should be clear that the City would avoid disparate-impact liability based on the strong basis in evidence that, had it not certified the results, it would have been subject to disparate-treatment liability.”
“Allowing employers to violate the disparate-treatment prohibi-tion based on a mere good-faith fear of disparate-impact liability would encourage race-based action at the slightest hint of disparate impact.”
“The same interests are at work in the interplay between the disparate-treatment and disparate-impact provisions of Title VII.”
“Discarding the test results was impermissible under Title VII, and summary judgment is appropriate for petitioners on their disparate-treatment claim.”
“Applying the strong-basis-in-evidence standard to Title VII gives effect to both the disparate-treatment and disparate-impact provisions, allowing violations of one in the name of compliance with the other only in certain, narrow circumstances.”
“For the foregoing reasons, we adopt the strong-basis-in-evidence standard as a matter of statutory construction to resolve any conflict between the disparate-treatment and disparate-impact provisions of Title VII.”
“The question, therefore, is whether the pur-pose to avoid disparate-impact liability excuses what otherwise would be prohibited disparate-treatment discrimination.”
“JP_: the opinion and the concurrence even more freely admits the tension created by allowing disparate-impact claims but forbidding remediation by disparate-treatment methods.”
“Our holding today clarifies how Title VII applies to resolve competing expectations under the disparate-treatment and disparate-impact provisions.”
“Our analysis begins with this premise," he said, "The City's actions would violate the disparate-treatment prohibition of Title VII absent some valid defense" not because its motive was racial favoritism but just because it acted to avoid a result that made no members of one racial group eligible for promotion.”
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