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Supreme Court Issues Controversial Decision

By Daniel P. Westman

In Ricci v. DeStefano, decided on June 29, 2009, the Supreme Court ruled that “race-based action like the City's in this case is impermissible under Title VII unless the employer can demonstrate a strong basis in evidence that, had it not taken the action, it would have been liable under the disparate-impact statute.” Justice Kennedy wrote the opinion for a 5-4 majority that included Justices Roberts, Scalia, Thomas, and Alito. Justice Ginsberg, joined by Justices Stevens, Souter, and Breyer, filed a dissenting opinion. Justices Scalia and Alito also filed concurring opinions. Because its ruling is grounded on Title VII, the case has significance for all employers in both the private and government sectors.

The Case

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