Ricci: The New Haven Fire Department Race Discrimination Case
What You Will Learn
The Supreme Court’s decision in the New Haven Firefighter case has significant implications for both employers and employees. The 5-4 majority, in an opinion by Justice Kennedy (joined by Chief Justice Roberts and Justices Scalia, Thomas, and Alito), held that the City of New Haven violated Title VII of the Civil Rights Act of 1964 when it discarded the results of civil service examinations that had a significant adverse impact against African-American and Latino candidates for promotion to fire lieutenant and captain. The majority concluded that the City's decision to discard the test results would have been in compliance with Title VII if the City had a "strong-basis-in evidence" for believing that it would have been subject to disparate impact liability in a suit brought by non-white candidates, but that the record in this case failed to satisfy this standard. Justices Ginsburg, Stevens, Souter, and Breyer dissented, and would have held that the City's actions complied with Title VII.
Whether you represent employers or employees, invest just 90 minutes from the convenience of your own office or home to hear the analysis of this case and the new state of the law by a national faculty.
All registrants will receive complimentary access to the archived seminar online.
Learn how this case affects your clients:
• In light of the risk the increased risk that white test takers may now sue, is it safe to use tests or fixed job requirements at all?
• What can an employer legally due to reduce the risk of being sued by either minority or non-minority workers or applicants?
• What impact will Ricci have on other personnel decisions, such as RIFs or diversity plans?
• When is it permissible to decide not to use a test (or to alter the way it is used) because it has a disparate impact?
• Have the standards changed as to when a test with a disparate impact is nontheless legal under Title VII?
• What does Ricci mean for affirmative action in general - particularly with regard to the Office of Federal Contract Compliance Programs?
• Will Ricci, a summary judgment case, have any implications for the usual summary judgment cases?
Planning Chair
Robert B. Fitzpatrick, Robert B. Fitzpatrick, PLLC, Washington, D.C.
Faculty
Larry Lorber, Proskauer Rose LLP, Washington, D.C.
Eric Schnapper, University of Washington School of Law, Seattle, WA
Barbara R. Arnwine, Lawyers' Committee for Civil Rights Under Law, Washington, D.C.
Total 60-minute hours of instruction: 1.5, Total 50-minute Hours: 1.8
Suggested Prerequisite: Limited experience in legal practice in subject matter.
Educational Objective: Development of proficiency in performance of intricate and complex legal tasks within a narrow area, provision of information on recent legal developments; maintenance of professional competence as a practitioner.
Level of Instruction: Intermediate
Times
Eastern 1 pm - 2:30 pm
Central 12 noon – 1:30 pm
Mountain 11 am – 12:30 pm
Pacific & Arizona 10 am – 11:30 am
Alaska 9 am – 10:30 am
Hawaii 7 am – 8:30 am
