Law.com Subscribers SAVE 30%

Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.

Employment Law StrategistKickerFeaturesTopicsLitigationSectionsNewsLJN Newsletters

Putting Out the Fire Created by Ricci

By Patricia Anderson Pryor
August 25, 2009

For employment attorneys and human resource professionals, the phrase “no good deed goes unpunished” applies all too often. The Supreme Court recently affirmed this adage in Ricci v. DeStefano, 129 S. Ct. 2658 (2009).

In Ricci, the city employer refused to certify the results of a promotional exam for its firefighters because of fear that doing so would result in disparate impact discrimination and liability. The African-American pass rate was half that of white test takers. The city received political pressure and threats of litigation if it certified the results. Consequently, the city decided not to promote anyone, including the white and hispanic employees who otherwise would have been promoted as a result of the exam. The employer argued it acted in good-faith compliance with Title VII. The Supreme Court recognized that the employer's objective was to avoid disparate impact discrimination (and liability), nevertheless, the Court concluded “whatever the city's ultimate aim ' however, well intentioned and benevolent it might have seemed ' the city made its employment decision because of race.” Id. at 2674.

This premium content is locked for LJN Newsletters subscribers only

  • Stay current on the latest information, rulings, regulations, and trends
  • Includes practical, must-have information on copyrights, royalties, AI, and more
  • Tap into expert guidance from top entertainment lawyers and experts

For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473

Read These Next
The DOJ's Corporate Enforcement Policy: One Year Later Image

The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.

The DOJ's New Parameters for Evaluating Corporate Compliance Programs Image

The parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.

Use of Deferred Prosecution Agreements In White Collar Investigations Image

This article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.

Bankruptcy Sales: Finding a Diamond In the Rough Image

There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.

Compliance Officers: Recent Regulatory Guidance and Enforcement Actions and Mitigating the Risk of Personal Liability Image

This article explores legal developments over the past year that may impact compliance officer personal liability.