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Employment Law Strategist

September 2009

Putting Out the Fire Created by Ricci

By Patricia Anderson Pryor

The Ricci decision is a reminder for all employers: Employment decisions cannot be made based on race, regardless of whatever good intentions the employer may have. Even though the Court confirmed that employers can take "affirmative efforts to ensure that all groups have a fair opportunity to apply for promotions and to participate in the process by which promotions will be made," the actual decisions cannot be tainted by racial consideration.

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