Wednesday, April 22, 2009

Overheard @: Supreme Court to hear discrimination case that could affect hiring

Today, the Supreme Court is expected to hear Ricci v. DeStefano, a case involving reverse discrimination that could change the way companies hire employees.

The case involves a team of firefighters in New Haven, Conn., that took a promotion exam. All of the white firefighters passed, but the city threw out the results because no blacks would have been promoted, saying the exam had a "disparate impact" on minorities that would most likely violate the 1964 Civil Rights Act.

However, the white firefighters claim the action not to promote violated their rights under the Civil Rights Act. And in a related case, the city of Chicago last month paid a $6 million settlement to 75 white firefighters who said they lost promotions when their test scores were tossed out in 1986.

According to an alert from Pepe & Hazard LLP, the case could affect employers' hiring practices -- specifically, questioning whether they need to achieve racial parity be considered legal.

Comment and let me know your thoughts on this case, and the steps you've taken to safeguard your hiring/promotion practices from litigation.

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