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).
Putting Out the Fire Created by Ricci
The <i>Ricci</i> 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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Patricia Anderson PryorThis premium content is locked for LawJournalNewsletters subscribers only
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