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Examples
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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.
VDARE.com: Blog Articles » Print » Supreme Court rules 5-4 for Frank Ricci / against Sonia Sotomayor 2009
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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.
Supreme Court rules 5-4 for Frank Ricci / against Sonia Sotomayor 2009
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The same interests are at work in the interplay between the disparate-treatment and disparate-impact provisions of Title VII.
VDARE.com: Blog Articles » Print » Supreme Court rules 5-4 for Frank Ricci / against Sonia Sotomayor 2009
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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.
VDARE.com: Blog Articles » Print » Supreme Court rules 5-4 for Frank Ricci / against Sonia Sotomayor 2009
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Discarding the test results was impermissible under Title VII, and summary judgment is appropriate for petitioners on their disparate-treatment claim.
VDARE.com: Blog Articles » Print » Supreme Court rules 5-4 for Frank Ricci / against Sonia Sotomayor 2009
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The same interests are at work in the interplay between the disparate-treatment and disparate-impact provisions of Title VII.
Supreme Court rules 5-4 for Frank Ricci / against Sonia Sotomayor 2009
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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.
Supreme Court rules 5-4 for Frank Ricci / against Sonia Sotomayor 2009
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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.
Supreme Court rules 5-4 for Frank Ricci / against Sonia Sotomayor 2009
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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.
VDARE.com: Blog Articles » Print » Supreme Court rules 5-4 for Frank Ricci / against Sonia Sotomayor 2009
-
Discarding the test results was impermissible under Title VII, and summary judgment is appropriate for petitioners on their disparate-treatment claim.
Supreme Court rules 5-4 for Frank Ricci / against Sonia Sotomayor 2009
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