ricci
et
al
destefano
et
argued
april
decided
june
new
city
uses
objective
examinations
identify
firefighters
best
qualified
promotion
results
exam
fill
vacant
lieutenant
captain
positions
showed
white
candidates
outperformed
minority
candidates
rancorous
public
debate
ensued
confronted
arguments
certifying
test
results
threats
lawsuit
either
way
city
threw
results
based
statistical
racial
disparity
petitioners
white
hispanic
firefighters
passed
exams
denied
chance
promotions
city
refusal
certify
test
results
sued
city
respondent
officials
alleging
discarding
test
results
discriminated
based
race
violation
inter
alia
title
vii
civil
rights
act
defendants
responded
certified
test
results
faced
title
vii
liability
adopting
practice
disparate
impact
minority
firefighters
district
granted
summary
judgment
defendants
second
circuit
affirmed
held
city
action
discarding
tests
violated
title
vii
pp
title
vii
prohibits
intentional
acts
employment
discrimination
based
race
color
religion
sex
national
origin
disparate
treatment
well
policies
practices
intended
discriminate
fact
disproportionately
adverse
effect
minorities
disparate
impact
plaintiff
established
prima
facie
case
disparate
impact
employer
may
defend
demonstrating
policy
practice
job
related
position
question
consistent
business
necessity
ibid
employer
meets
burden
plaintiff
may
still
succeed
showing
employer
refuses
adopt
available
alternative
practice
less
disparate
impact
serves
employer
legitimate
needs
ii
pp
title
vii
employer
engage
intentional
discrimination
asserted
purpose
avoiding
remedying
unintentional
disparate
impact
employer
must
strong
basis
evidence
believe
subject
liability
fails
take
discriminatory
action
analysis
begins
premise
city
actions
violate
title
vii
prohibition
absent
valid
defense
evidence
demonstrates
city
rejected
test
results
higher
scoring
candidates
white
without
justification
express
decisionmaking
prohibited
question
therefore
whether
purpose
avoid
liability
excuses
otherwise
prohibited
discrimination
considered
cases
similar
present
litigation
context
fourteenth
amendment
equal
protection
clause
cases
provide
helpful
guidance
statutory
context
see
watson
fort
worth
bank
trust
cases
held
certain
government
actions
remedy
past
racial
discrimination
actions
based
race
constitutional
strong
basis
evidence
remedial
actions
necessary
richmond
croson
see
also
wygant
jackson
bd
announcing
standard
wygant
plurality
recognized
tension
eliminating
segregation
discrimination
one
hand
away
governmentally
imposed
discrimination
based
race
reasoned
videntiary
support
conclusion
remedial
action
warranted
becomes
crucial
remedial
program
challenged
nonminority
employees
ibid
interests
work
interplay
title
vii
provisions
applying
standard
title
vii
gives
effect
provisions
allowing
violations
one
name
compliance
certain
narrow
circumstances
also
allows
prohibition
work
manner
consistent
title
vii
provisions
including
prohibition
adjusting
test
scores
based
race
see
section
expressly
protects
bona
fide
promotional
exams
see
thus
adopts
standard
matter
statutory
construction
order
resolve
conflict
title
vii
provisions
pp
city
rejection
test
results
satisfy
standard
pp
racial
adverse
impact
litigation
significant
petitioners
dispute
city
faced
prima
facie
case
liability
problem
respondents
prima
facie
case
essentially
threshold
showing
significant
statistical
disparity
connecticut
teal
nothing
far
strong
basis
evidence
city
liable
title
vii
certified
test
results
city
liable
discrimination
exams
issue
job
related
consistent
business
necessity
existed
equally
valid
less
discriminatory
alternative
served
city
needs
city
refused
adopt
based
record
parties
developed
discovery
substantial
basis
evidence
test
deficient
either
respect
pp
ii
city
assertions
exams
issue
job
related
consistent
business
necessity
blatantly
contradicted
record
demonstrates
detailed
steps
taken
develop
administer
tests
painstaking
analyses
questions
asked
assure
relevance
captain
lieutenant
positions
testimony
also
shows
complaints
certain
examination
questions
contradictory
specifically
apply
firefighting
practices
city
fully
addressed
city
turned
blind
eye
evidence
supporting
exams
validity
pp
iii
respondents
also
lack
strong
basis
evidence
showing
equally
valid
less
discriminatory
testing
alternative
city
certifying
test
results
necessarily
refused
adopt
respondents
three
arguments
contrary
fail
first
respondents
refer
testimony
different
calculation
allowed
city
consider
black
candidates
positions
produced
evidence
show
candidate
weighting
actually
used
indeed
arbitrary
different
weighting
equally
valid
way
determine
whether
candidates
qualified
promotions
second
respondents
argue
city
adopted
different
interpretation
charter
provision
limiting
promotions
highest
scoring
applicants
interpretation
produced
less
discriminatory
results
respondents
approach
violated
title
vii
prohibition
adjustment
test
results
third
testimony
asserting
use
assessment
center
evaluate
candidates
behavior
typical
job
tasks
less
adverse
impact
written
exams
aid
respondents
contradicted
statements
record
indicating
city
used
assessment
centers
exams
issue
especially
noted
standard
applies
case
respondents
create
genuine
issue
fact
based
stray
contradictory
statements
record
pp
iv
fear
litigation
alone
justify
city
reliance
race
detriment
individuals
passed
examinations
qualified
promotions
discarding
test
results
impermissible
title
vii
summary
judgment
appropriate
petitioners
claim
certifies
test
results
city
faces
suit
light
today
holding
city
avoid
liability
based
strong
basis
evidence
certified
results
subject
liability
pp
reversed
remanded
kennedy
delivered
opinion
roberts
scalia
thomas
alito
joined
scalia
filed
concurring
opinion
alito
filed
concurring
opinion
scalia
thomas
joined
ginsburg
filed
dissenting
opinion
stevens
souter
breyer
joined
frank
ricci
et
petitioners
john
destefano
et
al
frank
ricci
et
petitioners
john
destefano
et
al
writs
certiorari
appeals
second
circuit
june
justice
kennedy
delivered
opinion
fire
department
new
connecticut
agencies
throughout
nation
firefighters
prize
promotion
within
officer
ranks
agency
officers
command
respect
within
department
whole
community
course
added
responsibilities
command
increased
salary
benefits
aware
intense
competition
promotions
new
like
many
cities
relies
objective
examinations
identify
best
qualified
candidates
new
firefighters
took
examinations
qualify
promotion
rank
lieutenant
captain
promotion
examinations
new
city
infrequent
stakes
high
results
determine
firefighters
considered
promotions
next
two
years
order
considered
many
firefighters
studied
months
considerable
personal
financial
cost
examination
results
showed
white
candidates
outperformed
minority
candidates
mayor
local
politicians
opened
public
debate
turned
rancorous
firefighters
argued
tests
discarded
results
showed
tests
discriminatory
threatened
discrimination
lawsuit
city
made
promotions
based
tests
firefighters
said
exams
neutral
fair
turn
threatened
discrimination
lawsuit
city
relying
statistical
racial
disparity
ignored
test
results
denied
promotions
candidates
performed
well
end
city
took
side
protested
test
results
threw
examinations
certain
white
hispanic
firefighters
likely
promoted
based
good
test
performance
sued
city
officials
suit
us
suit
alleges
discarding
test
results
city
named
officials
discriminated
plaintiffs
based
race
violation
title
vii
civil
rights
act
stat
amended
et
equal
protection
clause
fourteenth
amendment
city
officials
defended
actions
arguing
certified
results
faced
liability
title
vii
adopting
practice
disparate
impact
minority
firefighters
district
granted
summary
judgment
defendants
appeals
affirmed
conclude
action
like
city
case
impermissible
title
vii
unless
employer
demonstrate
strong
basis
evidence
taken
action
liable
statute
respondents
determine
meet
threshold
standard
result
city
action
discarding
tests
violation
title
vii
light
ruling
statutes
need
reach
question
whether
respondents
actions
may
violated
equal
protection
clause
litigation
comes
us
parties
summary
judgment
set
facts
detail
district
noted
although
parties
strenuously
dispute
relevance
legal
import
inferences
drawn
many
aspects
case
underlying
facts
largely
undisputed
supp
city
new
undertook
fill
vacant
lieutenant
captain
positions
fire
department
department
promotion
hiring
process
governed
city
charter
addition
federal
state
law
charter
establishes
merit
system
system
requires
city
fill
vacancies
classified
ranks
qualified
individuals
determined
examinations
examination
new
civil
service
board
csb
certifies
ranked
list
applicants
passed
test
charter
rule
three
relevant
hiring
authority
must
fill
vacancy
choosing
one
candidate
top
three
scorers
list
certified
promotional
lists
remain
valid
two
years
city
contract
new
firefighters
union
specifies
additional
requirements
promotion
process
contract
applicants
lieutenant
captain
positions
screened
using
written
oral
examinations
written
exam
accounting
percent
oral
exam
percent
applicant
total
score
sit
examinations
candidates
lieutenant
needed
months
experience
department
diploma
certain
vocational
training
courses
candidates
captain
needed
one
year
service
lieutenant
department
diploma
certain
vocational
training
courses
reviewing
bids
various
consultants
city
hired
solutions
ios
develop
administer
examinations
cost
city
ios
illinois
company
specializes
designing
promotional
examinations
fire
police
departments
order
fit
examinations
new
department
ios
began
process
performing
job
analyses
identify
tasks
knowledge
skills
abilities
essential
lieutenant
captain
positions
ios
representatives
interviewed
incumbent
captains
lieutenants
supervisors
rode
observed
officers
using
information
interviews
ios
wrote
questionnaires
administered
incumbent
battalion
chiefs
captains
lieutenants
department
every
stage
job
analyses
ios
deliberate
choice
oversampled
minority
firefighters
ensure
results
ios
use
develop
examinations
unintentionally
favor
white
candidates
information
hand
ios
developed
written
examinations
measure
candidates
knowledge
test
ios
compiled
list
training
manuals
department
procedures
materials
use
sources
test
questions
ios
presented
proposed
sources
new
fire
chief
assistant
fire
chief
approval
using
approved
sources
ios
drafted
test
position
test
questions
required
csb
rules
written
reading
level
ios
prepared
tests
city
opened
study
period
gave
candidates
list
identified
source
material
questions
including
specific
chapters
questions
taken
ios
developed
oral
examinations
well
concentrated
job
skills
abilities
using
information
ios
wrote
hypothetical
situations
test
skills
firefighting
tactics
interpersonal
skills
leadership
management
ability
among
things
candidates
presented
hypotheticals
asked
respond
panel
three
assessors
ios
assembled
pool
assessors
superior
rank
positions
tested
city
insistence
controversy
surrounding
previous
examinations
assessors
came
outside
connecticut
ios
submitted
assessors
resumes
city
officials
approval
battalion
chiefs
assistant
chiefs
chiefs
departments
similar
sizes
new
throughout
country
percent
panelists
minorities
nine
assessment
panels
contained
two
minority
members
ios
trained
panelists
several
hours
day
administered
examinations
teaching
score
candidates
responses
consistently
using
checklists
desired
criteria
candidates
took
examinations
november
december
candidates
completed
lieutenant
examination
whites
blacks
hispanics
candidates
passed
whites
blacks
hispanics
supp
eight
lieutenant
positions
vacant
time
examination
rule
three
operated
meant
top
candidates
eligible
immediate
promotion
lieutenant
white
ibid
subsequent
vacancies
allowed
least
black
candidates
considered
promotion
lieutenant
candidates
completed
captain
examination
whites
blacks
hispanics
candidates
passed
whites
blacks
hispanics
ibid
seven
captain
positions
vacant
time
examination
rule
three
candidates
eligible
immediate
promotion
captain
whites
hispanics
ibid
city
contract
ios
contemplated
examinations
ios
prepare
technical
report
described
examination
processes
methodologies
analyzed
results
january
rather
requesting
technical
report
city
officials
including
city
counsel
thomas
ude
convened
meeting
ios
vice
president
chad
legel
legel
leader
ios
team
developed
administered
tests
based
test
results
city
officials
expressed
concern
tests
discriminated
minority
candidates
legel
defended
examinations
validity
stating
numerical
disparity
white
minority
candidates
likely
due
various
external
factors
line
results
department
previous
promotional
examinations
several
days
meeting
ude
sent
letter
csb
purporting
outline
duties
respect
examination
results
ude
stated
federal
law
statistical
demonstration
disparate
impact
standing
alone
constitutes
sufficiently
serious
claim
racial
discrimination
serve
predicate
voluntar
remedies
even
remedies
app
pet
cert
see
also
supp
issue
disparate
impact
appears
raised
ude
csb
first
met
consider
certifying
results
january
tina
burgett
director
city
department
human
resources
opened
meeting
telling
csb
significant
disparate
impact
two
exams
app
pet
cert
distributed
lists
showing
candidates
races
scores
written
oral
composite
names
ude
also
described
test
results
reflecting
significant
disparate
impact
outlined
possible
grounds
csb
refusing
certify
results
although
know
whether
passed
failed
spoke
first
csb
meeting
favor
certifying
test
results
michael
blatchley
stated
one
questions
written
examination
came
study
material
read
materials
studied
material
done
well
test
app
pp
hereinafter
frank
ricci
stated
test
questions
based
department
rules
procedures
nationally
recognized
materials
represented
accepted
standard
firefighting
ricci
stated
several
learning
disabilities
including
dyslexia
spent
purchase
materials
pay
neighbor
read
tape
give
best
shot
studied
hours
day
prepare
test
even
know
made
ricci
told
csb
ut
people
passed
promoted
life
line
second
best
may
good
enough
firefighters
spoke
certifying
test
results
described
test
questions
outdated
relevant
firefighting
practices
new
gary
tinney
stated
source
materials
came
new
york
makeup
city
everything
totally
different
see
also
criticized
test
materials
full
set
cost
expensive
long
second
csb
meeting
february
president
new
firefighters
union
asked
csb
perform
validation
study
determine
whether
tests
petitioners
counsel
action
argued
csb
certify
results
representative
international
association
black
professional
firefighters
donald
day
neighboring
bridgeport
connecticut
beseech
ed
csb
throw
away
test
described
inherently
unfair
racial
distribution
results
another
representative
association
ronald
mackey
stated
validation
study
necessary
suggested
city
adjust
test
results
meet
criteria
certain
amount
minorities
get
elevated
rank
lieutenant
captain
end
meeting
csb
members
agreed
ask
ios
send
representative
explain
developed
administered
examinations
also
discussed
asking
panel
experts
review
examinations
advise
csb
whether
certify
results
third
meeting
february
legel
addressed
csb
behalf
ios
legel
stated
ios
previously
prepared
firefighter
examinations
city
promotional
examination
explained
ios
developed
examinations
departments
communities
demographics
similar
new
including
orange
county
florida
lansing
michigan
san
jose
california
legel
explained
process
csb
began
describing
job
analyses
ios
performed
captain
lieutenant
positions
interviews
questionnaires
ios
designed
generate
list
tasks
knowledge
skills
abilities
considered
essential
performance
jobs
outlined
ios
prepared
written
oral
examinations
based
results
test
heavily
qualities
results
indicated
critica
essentia
noted
ios
took
material
test
question
directly
approved
source
materials
legel
told
csb
reviewers
scrutinized
examinations
ensure
written
test
drawn
source
material
oral
test
accurately
tested
situations
captains
lieutenants
face
legel
confirmed
ios
selected
panelists
assessment
panel
included
one
white
one
black
one
hispanic
member
near
end
remarks
legel
implor
ed
anyone
concerns
review
content
exam
professional
opinion
facially
neutral
nothing
examinations
cause
somebody
think
one
group
perform
differently
another
group
next
meeting
march
csb
heard
three
witnesses
selected
tell
us
little
bit
views
testing
process
methodology
first
christopher
hornick
spoke
csb
telephone
hornick
psychologist
texas
operates
consulting
business
direct
ly
competes
ios
hornick
stud
ied
test
length
detail
seen
job
analysis
data
told
csb
scores
indicated
relatively
high
adverse
impact
stated
ormally
whites
outperform
ethnic
minorities
majority
standardized
testing
procedures
little
surprised
disparity
candidates
scores
although
ome
fairly
typical
seen
areas
countr
tests
hornick
stated
adverse
impact
written
exam
somewhat
higher
generally
range
seen
professionally
asked
explain
new
test
results
hornick
opined
telephone
conversation
agreement
requirement
using
written
oral
examinations
composite
score
might
account
statistical
disparity
also
stated
anyone
within
epartment
review
tests
administered
limitation
city
imposed
protect
security
exam
questions
inevitably
get
things
based
source
materials
relevant
new
hornick
suggested
testing
candidates
assessment
center
rather
using
written
oral
examinations
might
serve
city
needs
better
hornick
stated
assessment
centers
candidates
face
situations
respond
field
allow
candidates
demonstrate
address
particular
problem
opposed
verbally
saying
identifying
correct
option
written
test
ibid
hornick
made
clear
suggesting
ios
somehow
created
test
adverse
impacts
described
ios
examinations
reasonably
good
test
stated
csb
best
option
might
certify
list
exists
work
change
process
future
tests
including
ewriting
civil
service
rules
ibid
hornick
concluded
telephonic
remarks
telling
csb
future
company
certainly
like
help
second
witness
vincent
lewis
fire
program
specialist
department
homeland
security
retired
fire
captain
michigan
lewis
black
looked
extensively
lieutenant
exam
little
less
extensively
captain
exam
stated
candidates
know
material
lewis
view
questions
relevant
exams
new
candidates
advantage
study
materials
identified
particular
book
chapters
questions
taken
departments
contrast
know
basically
entire
book
lewis
concluded
disparate
impact
likely
due
pattern
usually
whites
outperform
minorities
testing
whites
take
exam
final
witness
janet
helms
professor
boston
college
whose
primary
area
expertise
firefighters
per
se
race
culture
influence
performance
tests
assessment
procedures
helms
expressly
declined
csb
offer
review
examinations
outset
noted
regardless
kind
written
test
give
country
predict
many
people
pass
members
groups
data
inconsistent
predictions
say
case
helms
nevertheless
offered
several
ideas
might
possible
factors
explain
statistical
differences
results
concluded
percent
respondents
questionnaires
white
test
questions
might
favored
white
candidates
literature
firefighters
shows
different
groups
perform
job
differently
helms
closed
stating
matter
test
city
administered
revealed
disparity
blacks
whites
hispanics
whites
particularly
written
test
final
csb
meeting
march
ude
city
counsel
argued
certifying
examination
results
discussing
city
obligations
federal
law
ude
advised
csb
finding
adverse
impact
beginning
end
review
testing
procedures
determine
whether
violated
provision
title
vii
ude
focused
csb
determining
whether
ways
test
positions
equally
valid
less
adverse
impact
ude
described
hornick
said
written
examination
one
severe
adverse
impacts
seen
much
better
alternatives
identifying
firefighting
skills
ibid
ude
offered
opinion
promotions
result
tests
consistent
federal
law
consistent
purposes
civil
service
rules
charter
best
interests
firefighters
took
exams
stated
previous
department
exams
kind
result
previous
results
challenged
adverse
impact
whereas
assured
csb
chairman
segaloff
asked
ude
several
questions
title
vii
standard
chairperson
segaloff
understanding
group
making
throw
exam
burden
showing
exam
reasonably
probable
likely
less
adverse
impact
burden
show
exam
better
got
exam
got
result
ude
mr
chair
point
hornick
said
said
tests
less
adverse
impact
valid
chairperson
segaloff
think
enough
us
throw
test
hornick
said
ude
think
sufficient
yes
also
point
employer
burden
justify
use
examination
karen
city
chief
administrative
officer
spoke
behalf
mayor
john
destefano
argued
certifying
results
stated
results
considered
rule
three
applied
captain
lieutenant
vacancies
created
situation
black
hispanic
candidates
disproportionately
excluded
opportunity
also
relied
hornick
testimony
asserting
hornick
made
extremely
clear
appropriate
ways
assess
one
ability
serve
captain
lieutenant
burgett
human
resources
director
asked
csb
discard
examination
results
relied
hornick
statement
show
existence
alternative
testing
methods
describing
hornick
started
point
alternative
testing
exist
begun
suggest
different
ways
written
examinations
witnesses
addressed
csb
included
president
new
firefighters
union
supported
certification
reminded
csb
hornick
also
concluded
tests
reasonable
fair
current
structure
certify
firefighter
frank
ricci
argued
certification
stated
although
assessment
centers
cases
show
less
adverse
impact
available
alternatives
current
round
promotions
take
several
years
ricci
explained
department
develop
protocol
accompanying
training
materials
lieutenant
matthew
marcarelli
taken
captain
exam
spoke
favor
certification
close
witness
testimony
csb
voted
motion
certify
examinations
one
member
recused
csb
deadlocked
resulting
decision
certify
results
explaining
vote
certify
results
chairman
segaloff
stated
nobody
convinced
feel
comfortable
fact
likelihood
going
exam
designed
going
less
discriminatory
csb
decision
certify
examination
results
led
lawsuit
plaintiffs
petitioners
white
firefighters
hispanic
firefighter
passed
examinations
denied
chance
promotions
csb
refused
certify
test
results
include
named
plaintiff
frank
ricci
addressed
csb
multiple
meetings
petitioners
sued
city
mayor
destefano
ude
burgett
two
csb
members
voted
certification
petitioners
also
named
defendant
boise
kimber
new
resident
voiced
strong
opposition
certifying
results
individuals
respondents
petitioners
filed
suit
rev
stat
alleging
respondents
arguing
voting
certifying
results
violated
conspired
violate
equal
protection
clause
fourteenth
amendment
petitioners
also
filed
timely
charges
discrimination
equal
employment
opportunity
commission
eeoc
upon
eeoc
issuing
letters
petitioners
amended
complaint
assert
city
violated
prohibition
contained
title
vii
civil
rights
act
amended
see
parties
filed
summary
judgment
respondents
asserted
belief
violated
prohibition
title
vii
certified
examination
results
follows
maintained
held
liable
title
vii
provision
attempting
comply
title
vii
bar
petitioners
countered
respondents
belief
valid
defense
allegations
disparate
treatment
unconstitutional
discrimination
district
granted
summary
judgment
respondents
supp
described
petitioners
argument
boil
ing
assertion
respondents
prove
disparities
lieutenant
captain
exams
due
particular
flaw
inherent
exams
certified
results
alternative
place
district
concluded
otwithstanding
shortcomings
evidence
existing
effective
alternatives
case
respondents
must
certify
test
pinpoint
deficiency
explaining
disparate
impact
simply
yet
formulated
better
selection
method
ibid
also
ruled
respondents
motivation
avoid
making
promotions
based
test
racially
disparate
impact
matter
law
constitute
discriminatory
intent
title
vii
district
rejected
petitioners
equal
protection
claim
theory
respondents
acted
discriminatory
animus
toward
petitioners
concluded
respondents
actions
based
race
applicants
took
test
result
test
results
discarded
nobody
promoted
full
briefing
argument
parties
appeals
affirmed
unpublished
summary
order
later
withdrew
order
issuing
place
nearly
identical
per
curiam
opinion
adopting
district
reasoning
three
days
later
appeals
voted
deny
rehearing
en
banc
written
dissents
chief
judge
jacobs
judge
cabranes
action
presents
two
provisions
title
vii
interpreted
reconciled
precedents
courts
appeals
discussing
issue
depending
resolution
statutory
claim
fundamental
constitutional
question
also
arise
found
prudent
appropriate
grant
certiorari
reverse
ii
petitioners
raise
statutory
claim
prohibition
title
vii
constitutional
claim
equal
protection
clause
fourteenth
amendment
decision
petitioners
statutory
claim
provide
relief
sought
consider
first
see
atkins
parker
escambia
county
mcmillan
per
curiam
ormally
decide
constitutional
question
ground
upon
dispose
case
title
vii
civil
rights
act
et
amended
prohibits
employment
discrimination
basis
race
color
religion
sex
national
origin
title
vii
prohibits
intentional
discrimination
known
disparate
treatment
well
cases
practices
intended
discriminate
fact
disproportionately
adverse
effect
minorities
known
disparate
impact
enacted
title
vii
principal
nondiscrimination
provision
held
employers
liable
disparate
treatment
section
retains
original
wording
today
makes
unlawful
employer
fail
refuse
hire
discharge
individual
otherwise
discriminate
individual
respect
compensation
terms
conditions
privileges
employment
individual
race
color
religion
sex
national
origin
see
also
stat
cases
present
easily
understood
type
discrimination
teamsters
occur
employer
treated
particular
person
less
favorably
others
protected
trait
watson
fort
worth
bank
trust
plaintiff
must
establish
defendant
discriminatory
intent
motive
taking
action
civil
rights
act
include
express
prohibition
policies
practices
produce
disparate
impact
griggs
duke
power
interpreted
act
prohibit
cases
employers
facially
neutral
practices
fact
discriminatory
operation
griggs
stated
touchstone
liability
lack
business
necessity
employment
practice
operates
exclude
minorities
shown
related
job
performance
practice
prohibited
ibid
see
also
employer
burden
demonstrate
practice
manifest
relationship
employment
question
albemarle
paper
moody
precedents
employer
met
burden
showing
practice
plaintiff
required
show
legitimate
alternative
resulted
less
discrimination
ibid
allowing
complaining
party
show
tests
selection
devices
without
similarly
undesirable
racial
effect
also
serve
employer
legitimate
interest
twenty
years
griggs
civil
rights
act
stat
enacted
act
included
provision
codifying
prohibition
discrimination
provision
force
along
section
already
noted
statute
plaintiff
establishes
prima
facie
violation
showing
employer
uses
particular
employment
practice
causes
disparate
impact
basis
race
color
religion
sex
national
origin
employer
may
defend
liability
demonstrating
practice
job
related
position
question
consistent
business
necessity
ibid
even
employer
meets
burden
however
plaintiff
may
still
succeed
showing
employer
refuses
adopt
available
alternative
employment
practice
less
disparate
impact
serves
employer
legitimate
needs
ii
petitioners
allege
csb
refused
certify
captain
lieutenant
exam
results
based
race
successful
candidates
discriminated
violation
title
vii
provision
city
counters
decision
permissible
tests
appear
ed
violate
title
vii
provisions
brief
respondents
analysis
begins
premise
city
actions
violate
prohibition
title
vii
absent
valid
defense
evidence
demonstrates
city
chose
certify
examination
results
statistical
disparity
based
race
minority
candidates
performed
compared
white
candidates
district
put
city
rejected
test
results
many
whites
enough
minorities
promoted
lists
certified
supp
see
also
ibid
respondents
arguments
show
city
reasons
advocating
related
racial
distribution
results
without
justification
express
decisionmaking
violates
title
vii
command
employers
take
adverse
employment
actions
individual
race
see
district
adhere
principle
however
held
respondents
motivation
avoid
making
promotions
based
test
racially
disparate
impact
matter
law
constitute
discriminatory
intent
supp
government
makes
similar
argument
contends
structure
title
vii
belies
claim
employer
intent
comply
title
vii
provisions
constitutes
prohibited
discrimination
basis
race
brief
amicus
curiae
statements
turn
upon
city
objective
avoiding
liability
ignoring
city
conduct
name
reaching
objective
whatever
city
ultimate
aim
however
well
intentioned
benevolent
might
seemed
city
made
employment
decision
race
city
rejected
test
results
solely
higher
scoring
candidates
white
question
whether
conduct
discriminatory
whether
city
lawful
justification
action
consider
therefore
whether
purpose
avoid
liability
excuses
otherwise
prohibited
discrimination
courts
often
confront
cases
statutes
principles
point
different
directions
task
provide
guidance
employers
courts
situations
two
prohibitions
conflict
absent
rule
reconcile
providing
guidance
decision
must
consistent
important
purpose
title
vii
workplace
environment
free
discrimination
race
barrier
opportunity
principles
mind
turn
parties
proposed
means
reconciling
statutory
provisions
petitioners
take
strict
approach
arguing
title
vii
permissible
employer
take
adverse
employment
actions
order
avoid
liability
even
employer
knows
practice
violates
provision
see
brief
petitioners
petitioners
us
hold
title
vii
avoiding
unintentional
discrimination
justify
intentional
discrimination
assertion
however
ignores
fact
codifying
provision
congress
expressly
prohibited
types
discrimination
must
interpret
statute
give
effect
provisions
possible
see
atlantic
research
rejecting
interpretation
render
statutory
provision
dead
letter
accept
petitioners
broad
inflexible
formulation
petitioners
next
suggest
employer
fact
must
violation
provision
use
compliance
defense
suit
overly
simplistic
restrictive
title
vii
purpose
rule
petitioners
offer
run
counter
recognized
congress
intent
voluntary
compliance
preferred
means
achieving
objectives
title
vii
firefighters
cleveland
see
also
wygant
jackson
bd
concurring
part
concurring
judgment
forbidding
employers
act
unless
know
certainty
practice
violates
provision
bring
compliance
efforts
near
standstill
even
limited
situations
restricted
standard
met
employers
likely
hesitate
taking
voluntary
action
fear
later
proven
wrong
course
litigation
held
account
disparate
treatment
opposite
end
spectrum
respondents
government
assert
employer
belief
actions
necessary
comply
title
vii
provision
enough
justify
conduct
original
foundational
prohibition
title
vii
bars
employers
taking
adverse
action
race
congress
codified
provision
made
exception
liability
actions
taken
effort
comply
new
provision
subsection
allowing
employers
violate
prohibition
based
mere
fear
liability
encourage
action
slightest
hint
disparate
impact
minimal
standard
cause
employers
discard
results
lawful
beneficial
promotional
examinations
even
little
evidence
discrimination
amount
de
facto
quota
system
focus
statistics
put
undue
pressure
employers
adopt
inappropriate
prophylactic
measures
watson
plurality
opinion
even
worse
employer
discard
test
results
employment
practices
intent
obtaining
employer
preferred
racial
balance
operational
principle
justified
title
vii
express
disclaiming
interpretation
requirements
calling
outright
racial
balancing
purpose
title
vii
promote
hiring
basis
job
qualifications
rather
basis
race
color
griggs
searching
standard
strikes
appropriate
balance
note
considered
cases
similar
one
albeit
context
equal
protection
clause
fourteenth
amendment
held
certain
government
actions
remedy
past
racial
discrimination
actions
based
race
constitutional
basis
remedial
actions
necessary
richmond
croson
quoting
wygant
supra
plurality
opinion
suit
call
us
consider
whether
statutory
constraints
title
vii
must
parallel
respects
constitution
mean
constitutional
authorities
irrelevant
however
cases
discussing
constitutional
principles
provide
helpful
guidance
statutory
context
see
watson
supra
plurality
opinion
writing
plurality
wygant
announcing
standard
justice
powell
recognized
tension
eliminating
segregation
discrimination
one
hand
away
governmentally
imposed
discrimination
based
race
plurality
stated
related
constitutional
duties
always
harmonious
reconciling
requires
employers
act
extraordinary
care
ibid
plurality
required
strong
basis
evidence
videntiary
support
conclusion
remedial
action
warranted
becomes
crucial
remedial
program
challenged
nonminority
employees
ibid
applied
standard
croson
observing
amorphous
claim
past
discrimination
justify
use
unyielding
racial
quota
interests
work
interplay
provisions
title
vii
congress
imposed
liability
employers
unintentional
discrimination
order
rid
workplace
practices
fair
form
discriminatory
operation
griggs
supra
also
prohibited
employers
taking
adverse
employment
actions
race
applying
standard
title
vii
gives
effect
provisions
allowing
violations
one
name
compliance
certain
narrow
circumstances
standard
leaves
ample
room
employers
voluntary
compliance
efforts
essential
statutory
scheme
congress
efforts
eradicate
workplace
discrimination
see
firefighters
supra
standard
appropriately
constrains
employers
discretion
making
decisions
limits
discretion
cases
strong
basis
evidence
liability
restrictive
allows
employers
act
provable
actual
violation
resolving
statutory
conflict
way
allows
prohibition
work
manner
consistent
provisions
title
vii
including
prohibition
adjusting
test
scores
basis
race
see
examinations
like
administered
city
create
legitimate
expectations
part
took
tests
case
promotion
exam
firefighters
invested
substantial
time
money
personal
commitment
preparing
tests
employment
tests
important
part
neutral
selection
system
safeguards
racial
animosities
title
vii
intended
prevent
however
firefighters
saw
efforts
invalidated
city
sole
reliance
upon
statistics
employer
rescore
test
based
candidates
race
follows
fortiori
may
take
greater
step
discarding
test
altogether
achieve
desirable
racial
distribution
candidates
absent
strong
basis
evidence
test
deficient
discarding
results
necessary
avoid
violating
provision
restricting
employer
ability
discard
test
results
thereby
discriminate
qualified
candidates
basis
race
also
keeping
title
vii
express
protection
bona
fide
promotional
examinations
see
shall
unlawful
employment
practice
employer
give
act
upon
results
professionally
developed
ability
test
provided
test
administration
action
upon
results
designed
intended
used
discriminate
race
cf
hulteen
slip
foregoing
reasons
adopt
standard
matter
statutory
construction
resolve
conflict
provisions
title
vii
statutory
holding
address
constitutionality
measures
taken
purported
compliance
title
vii
also
hold
meeting
standard
satisfy
equal
protection
clause
future
case
explain
respondents
met
burden
title
vii
need
decide
whether
legitimate
fear
disparate
impact
ever
sufficient
justify
discriminatory
treatment
constitution
question
employer
affirmative
efforts
ensure
groups
fair
opportunity
apply
promotions
participate
process
promotions
made
process
established
employers
made
clear
selection
criteria
may
invalidate
test
results
thus
upsetting
employee
legitimate
expectation
judged
basis
race
absent
strong
basis
evidence
impermissible
disparate
impact
amounts
sort
racial
preference
congress
disclaimed
antithetical
notion
workplace
individuals
guaranteed
equal
opportunity
regardless
race
title
vii
prohibit
employer
considering
administering
test
practice
design
test
practice
order
provide
fair
opportunity
individuals
regardless
race
stage
employer
invites
comments
ensure
test
fair
process
provide
common
ground
open
discussions
toward
end
hold
title
vii
employer
engage
intentional
discrimination
asserted
purpose
avoiding
remedying
unintentional
disparate
impact
employer
must
strong
basis
evidence
believe
subject
liability
fails
take
discriminatory
action
city
argues
even
standard
decision
discard
examination
results
permissible
title
vii
incorrect
even
respondents
motivated
subjective
matter
desire
avoid
committing
discrimination
record
makes
clear
support
conclusion
respondents
objective
strong
basis
evidence
find
tests
inadequate
consequent
liability
violation
title
vii
basis
conclude
petitioners
met
obligation
demonstrate
genuine
issue
material
fact
entitled
judgment
matter
law
fed
rule
civ
proc
motion
summary
judgment
facts
must
viewed
light
favorable
nonmoving
party
dispute
facts
scott
harris
record
taken
whole
lead
rational
trier
fact
find
nonmoving
party
genuine
issue
trial
matsushita
elec
industrial
zenith
radio
internal
quotation
marks
omitted
city
defense
acted
comply
title
vii
provision
succeed
motion
petitioners
must
demonstrate
genuine
dispute
strong
basis
evidence
city
conclude
face
liability
certified
examination
results
see
celotex
catrett
nonmoving
party
bear
burden
proof
trial
dispositive
issue
nonmoving
party
bears
burden
production
rule
designate
specific
facts
showing
genuine
issue
trial
internal
quotation
marks
omitted
racial
adverse
impact
significant
petitioners
dispute
city
faced
prima
facie
case
liability
captain
exam
pass
rate
white
candidates
percent
percent
black
hispanic
candidates
lieutenant
exam
pass
rate
white
candidates
percent
black
candidates
percent
hispanic
candidates
percent
pass
rates
minorities
approximately
pass
rates
white
candidates
fall
well
standard
set
eeoc
implement
provision
title
vii
see
cfr
selection
rate
less
percent
rate
group
highest
rate
generally
regarded
federal
enforcement
agencies
evidence
adverse
impact
watson
plurality
opinion
eeoc
standard
rule
thumb
courts
based
passing
candidates
ranked
application
rule
three
certifying
examinations
meant
city
considered
black
candidates
lieutenant
captain
positions
based
degree
adverse
impact
reflected
results
respondents
compelled
take
hard
look
examinations
determine
whether
certifying
results
impermissible
disparate
impact
problem
respondents
prima
facie
case
liability
essentially
threshold
showing
significant
statistical
disparity
connecticut
teal
nothing
far
strong
basis
evidence
city
liable
title
vii
certified
results
city
liable
discrimination
examinations
job
related
consistent
business
necessity
existed
equally
valid
alternative
served
city
needs
city
refused
adopt
conclude
strong
basis
evidence
establish
test
deficient
either
respects
address
two
points
turn
based
record
developed
parties
discovery
record
concentrates
substantial
part
statements
various
witnesses
made
csb
genuine
dispute
examinations
consistent
business
necessity
city
assertions
contrary
blatantly
contradicted
record
scott
supra
csb
heard
statements
chad
legel
ios
vice
president
well
city
officials
outlining
detailed
steps
ios
took
develop
administer
examinations
ios
devised
written
examinations
focus
csb
inquiry
painstaking
analyses
captain
lieutenant
positions
analyses
ios
made
sure
minorities
overrepresented
ios
drew
questions
source
material
approved
department
outside
witnesses
appeared
csb
one
vincent
lewis
reviewed
examinations
detail
one
firefighting
experience
lewis
stated
questions
relevant
exams
app
witness
seen
part
examinations
christopher
hornick
competitor
ios
criticized
fact
one
within
department
reviewed
tests
condition
imposed
city
protect
integrity
exams
light
past
alleged
security
breaches
hornick
stated
exams
appea
reasonably
good
recommended
csb
certify
results
arguing
examinations
respondents
note
candidates
complaints
certain
examination
questions
contradictory
specifically
apply
firefighting
practices
new
legel
told
csb
ios
addressed
concerns
entertained
handful
challenges
validity
particular
examination
questions
reviewed
challenges
provided
feedback
city
thought
best
course
action
remember
least
one
question
ios
thrown
offer
ing
credit
everybody
particular
question
part
hornick
said
suspect
ed
criticisms
leveled
candidates
valid
city
moreover
turned
blind
eye
evidence
supported
exams
validity
although
city
contract
ios
contemplated
ios
prepare
technical
report
consistent
eeoc
guidelines
studies
city
made
request
report
january
meeting
legel
respondents
legel
defended
examinations
city
sought
information
ios
save
appearance
csb
meeting
explain
developed
administered
examinations
ios
stood
ready
provide
respondents
detailed
information
establish
validity
exams
respondents
accept
offer
respondents
also
lacked
strong
basis
evidence
equally
valid
testing
alternative
city
certifying
examination
results
necessarily
refused
adopt
respondents
raise
three
arguments
contrary
argument
fails
first
respondents
refer
testimony
csb
different
calculation
weighting
written
oral
examination
scores
allowed
city
consider
two
black
candidates
lieutenant
positions
one
black
candidate
captain
positions
city
used
weighting
required
contract
new
firefighters
union
respondents
produced
evidence
show
weighting
indeed
arbitrary
fact
formula
result
agreement
presume
parties
negotiated
weighting
rational
reason
record
contain
evidence
weighting
equally
valid
way
determine
whether
candidates
possess
proper
mix
job
knowledge
situational
skills
earn
promotions
changing
weighting
formula
moreover
well
violated
title
vii
prohibition
altering
test
scores
basis
race
see
record
basis
conclude
weighting
equally
valid
alternative
city
adopted
second
respondents
argue
city
adopted
different
interpretation
rule
three
produced
less
discriminatory
results
rule
new
city
charter
requires
city
promote
applicants
three
highest
scores
promotional
examination
new
code
ordinances
tit
art
xxx
state
interpreted
charter
prohibit
banding
city
previous
practice
rounding
scores
nearest
whole
number
considering
candidates
score
one
rank
banding
allowed
city
consider
three
ranks
candidates
possibility
multiple
candidates
filling
rank
purposes
rule
three
see
kelly
new
wl
super
respondents
claim
employing
banding
made
four
black
one
hispanic
candidates
eligible
lieutenant
captain
positions
state
prohibition
banding
matter
municipal
law
charter
may
eliminate
banding
valid
alternative
title
vii
see
need
resolve
point
however
banding
valid
alternative
reason
city
reviewed
exam
results
adopted
banding
make
minority
test
scores
appear
higher
violated
title
vii
prohibition
adjusting
test
results
basis
race
see
also
chicago
firefighters
local
chicago
posner
doubt
banding
adopted
order
make
lower
black
scores
seem
higher
indeed
forbidden
matter
law
banding
alternative
available
city
considering
whether
certify
examination
results
third
finally
respondents
refer
statements
hornick
telephone
interview
csb
regarding
alternatives
written
examinations
hornick
stated
belie
assessment
center
process
evaluated
candidates
behavior
typical
job
tasks
demonstrated
less
adverse
impact
app
hornick
brief
mention
alternative
testing
methods
standing
alone
raise
genuine
issue
material
fact
assessment
centers
available
city
time
examinations
produced
less
adverse
impact
statements
csb
indicated
department
used
assessment
centers
examinations
supra
although
respondents
later
argued
csb
hornick
pushed
city
reject
test
results
supra
truth
essence
hornick
remarks
supported
certifying
test
results
see
scott
hornick
stated
adverse
impact
standardized
testing
existence
since
beginning
testing
app
disparity
new
test
results
somewhat
higher
generally
range
seen
professionally
told
csb
suggesting
ios
somehow
created
test
adverse
impacts
suggested
csb
certify
list
exists
especially
noted
standard
applies
respondents
create
genuine
issue
fact
based
stray
contradictory
statements
record
doubt
respondents
fall
short
mark
relying
entirely
isolated
statements
hornick
hornick
stud
ied
test
length
detail
told
csb
direct
competitor
ios
remainder
remarks
showed
hornick
primary
concern
somewhat
frustration
csb
members
marketing
services
future
commenting
results
tests
city
already
administered
see
hornick
hinting
intended
effect
city
since
hired
consultant
outside
witnesses
spoke
csb
vincent
lewis
retired
fire
captain
thought
csb
certify
test
results
janet
helms
boston
college
professor
declined
review
examinations
told
csb
society
need
develop
new
way
assessing
people
task
beyond
reach
csb
concerned
adequacy
test
results
record
us
genuine
dispute
city
lacked
strong
basis
evidence
believe
face
liability
certified
examination
results
words
evidence
let
alone
required
strong
basis
evidence
tests
flawed
equally
valid
less
discriminatory
tests
available
city
fear
litigation
alone
justify
employer
reliance
race
detriment
individuals
passed
examinations
qualified
promotions
city
discarding
test
results
impermissible
title
vii
summary
judgment
appropriate
petitioners
claim
record
litigation
documents
process
outset
potential
produce
testing
procedure
true
promise
title
vii
individual
face
workplace
discrimination
based
race
respondents
thought
promotion
qualifications
relevant
experience
neutral
ways
careful
ensure
broad
racial
participation
design
test
administration
discussed
length
process
open
fair
problem
course
tests
completed
raw
racial
results
became
predominant
rationale
city
refusal
certify
results
injury
arises
part
high
justified
expectations
candidates
participated
testing
process
terms
city
established
promotional
process
many
candidates
studied
months
considerable
personal
financial
expense
thus
injury
caused
city
reliance
raw
racial
statistics
end
process
severe
confronted
arguments
certifying
test
results
threats
lawsuit
either
way
city
required
make
difficult
inquiry
hearings
produced
strong
evidence
violation
city
entitled
disregard
tests
based
solely
racial
disparity
results
holding
today
clarifies
title
vii
applies
resolve
competing
expectations
provisions
certifies
test
results
city
faces
suit
light
holding
today
clear
city
avoid
liability
based
strong
basis
evidence
certified
results
subject
liability
petitioners
entitled
summary
judgment
title
vii
claim
therefore
need
decide
underlying
constitutional
question
judgment
appeals
reversed
cases
remanded
proceedings
consistent
opinion
ordered
frank
ricci
et
petitioners
john
destefano
et
al
frank
ricci
et
petitioners
john
destefano
et
al
writs
certiorari
appeals
second
circuit
june
justice
scalia
concurring
join
opinion
full
write
separately
observe
resolution
dispute
merely
postpones
evil
day
confront
question
whether
extent
provisions
title
vii
civil
rights
act
consistent
constitution
guarantee
equal
protection
question
easy
one
see
generally
primus
equal
protection
disparate
impact
round
three
harv
rev
difficulty
whether
title
vii
provisions
forbid
remedial
actions
violation
otherwise
result
question
resolved
today
clear
title
vii
permits
affirmatively
requires
actions
violation
otherwise
result
see
ante
federal
government
prohibited
discriminating
basis
race
bolling
sharpe
surely
also
prohibited
enacting
laws
mandating
third
parties
employers
whether
private
state
municipal
discriminate
basis
race
see
buchanan
warley
facts
cases
illustrate
title
vii
provisions
place
racial
thumb
scales
often
requiring
employers
evaluate
racial
outcomes
policies
make
decisions
based
racial
outcomes
type
racial
decisionmaking
explains
discriminatory
see
ante
personnel
administrator
mass
feeney
sure
laws
mandate
imposition
quotas
clear
provide
safe
harbor
private
employer
guilty
unlawful
discrimination
refrained
establishing
racial
hiring
quota
intentionally
designed
hiring
practices
achieve
end
surely
intentional
discrimination
still
occurring
one
step
chain
government
compulsion
design
therefore
seemingly
violate
equal
protection
principles
matter
title
vii
requires
consideration
race
wholesale
rather
retail
level
government
must
treat
citizens
individuals
simply
components
racial
religious
sexual
national
class
miller
johnson
internal
quotation
marks
omitted
course
purportedly
benign
motive
provisions
save
statute
see
adarand
constructors
pe
might
possible
defend
law
framing
simply
evidentiary
tool
used
identify
genuine
intentional
discrimination
smoke
disparate
treatment
see
primus
supra
disparate
impact
sometimes
though
always
see
watson
fort
worth
bank
trust
plurality
opinion
signal
something
illicit
regulator
might
allow
statistical
disparities
play
role
evidentiary
process
cf
mcdonnell
douglas
green
arguably
provisions
sweep
broadly
fairly
characterized
fashion
since
fail
provide
affirmative
defense
nonracially
motivated
conduct
perhaps
even
good
faith
plus
hiring
standards
entirely
reasonable
see
post
ginsburg
dissenting
describing
demanding
nature
business
necessity
defense
question
consider
due
course
one
thing
free
plaintiffs
proving
employer
illicit
intent
quite
another
preclude
employer
proving
motives
pure
actions
reasonable
resolution
cases
makes
unnecessary
resolve
matters
today
war
disparate
impact
equal
protection
waged
sooner
later
behooves
us
begin
thinking
terms
make
peace
frank
ricci
et
petitioners
john
destefano
et
al
frank
ricci
et
petitioners
john
destefano
et
al
writs
certiorari
appeals
second
circuit
june
justice
alito
justice
scalia
justice
thomas
join
concurring
join
opinion
full
write
separately
dissent
claiming
recitation
facts
leaves
important
parts
story
post
opinion
ginsburg
provides
incomplete
description
events
led
new
decision
reject
results
exam
dissent
omissions
important
evidence
record
taken
account
clear
even
legal
analysis
parts
ii
dissent
accepted
affirmance
decision
untenable
employer
case
title
vii
civil
rights
act
claims
employment
decision
refusal
promote
based
legitimate
reason
two
questions
one
objective
one
subjective
must
decided
first
objective
question
whether
reason
given
employer
one
legitimate
title
vii
see
mary
honor
center
hicks
reason
provided
employer
legitimate
face
employer
liable
second
subjective
question
concerns
employer
intent
employer
offers
facially
legitimate
reason
decision
turns
explanation
pretext
discrimination
employer
liable
see
question
opinion
dissenting
opinion
disagree
concerns
objective
component
determination
must
made
employer
justifies
employment
decision
like
one
made
litigation
ground
contrary
decision
created
risk
liability
holds
entirely
agree
concern
liability
legitimate
reason
decision
type
involved
substantial
basis
evidence
find
tests
inadequate
ante
ably
demonstrates
litigation
reasonable
jury
find
city
new
city
possessed
evidence
therefore
summary
judgment
petitioners
required
correctly
holds
respondents
satisfy
objective
component
need
discuss
question
respondents
actual
intent
puts
ven
respondents
motivated
subjective
matter
desire
avoid
committing
discrimination
record
makes
clear
support
conclusion
respondents
objective
substantial
basis
evidence
find
tests
inadequate
ibid
dissent
advocates
different
objective
component
governing
standard
according
dissent
objective
component
whether
evidence
provided
good
cause
decision
post
dissent
argues
incorrectly
view
reasonable
juror
fail
find
evidence
present
even
dissent
correct
point
assume
dissent
countenance
summary
judgment
respondents
respondents
professed
concern
litigation
simply
pretext
therefore
decision
sustained
entry
summary
judgment
respondents
affirmed
unless
reasonable
jury
find
city
asserted
reason
scrapping
test
concern
liability
pretext
city
real
reason
illegitimate
namely
desire
placate
politically
important
racial
constituency
ii
initially
described
dissent
see
post
process
city
reached
decision
accept
test
results
open
honest
serious
deliberative
even
district
admitted
jury
rationally
infer
city
officials
worked
behind
scenes
sabotage
promotional
examinations
knew
exams
certified
mayor
incur
wrath
rev
boise
kimber
influential
leaders
new
community
supp
summarily
aff
per
curiam
admission
finds
ample
support
record
reverend
boise
kimber
district
referred
politically
powerful
new
pastor
app
pet
cert
see
also
one
occasion
front
tv
cameras
threatened
race
riot
murder
trial
black
man
arrested
killing
white
yalie
christian
prince
continues
call
whites
racist
question
actions
reverend
kimber
personal
ties
new
mayor
john
destefano
mayor
stretch
back
decade
example
mayor
destefano
testified
rev
kimber
character
witness
rev
kimber
manager
funeral
home
prosecuted
convicted
stealing
prepaid
funeral
expenses
elderly
woman
lying
matter
oath
see
reverend
kimber
played
leadership
role
mayor
destefano
political
campaigns
considered
valuable
political
supporter
according
mayor
former
campaign
manager
currently
executive
assistant
rev
kimber
invaluable
political
asset
good
organizing
people
putting
together
field
operations
result
ties
labor
prominence
religious
community
commitment
roots
internal
quotation
marks
alteration
omitted
mayor
picked
rev
kimber
serve
chairman
new
board
fire
commissioners
bfc
despite
fact
experience
profession
fire
administration
municipal
management
see
also
capacity
rev
kimber
told
firefighters
certain
new
recruits
hired
many
vowels
name
thanawala
new
fire
panel
chairman
steps
racial
slur
hartford
courant
june
protests
comment
rev
kimber
stepped
chairman
bfc
ibid
see
also
app
pet
cert
remained
bfc
retained
direct
line
mayor
almost
immediately
test
results
revealed
early
january
rev
kimber
called
city
chief
administrative
officer
karen
acts
behalf
mayor
rev
kimber
met
privately
office
wanted
express
opinion
test
results
influence
city
response
discussed
detail
rev
kimber
adamantly
opposed
certification
test
results
fact
someone
mayor
office
eventually
conveyed
mayor
january
tina
burgett
director
city
department
human
resources
sent
coordinate
city
response
test
results
burgett
wanted
clarify
city
executive
officials
meet
sans
chief
better
fix
next
steps
meet
mayor
possibly
two
chiefs
two
chiefs
fire
chief
william
grant
white
assistant
fire
chief
ronald
dumas
chiefs
believed
test
results
certified
petitioners
allege
record
suggests
mayor
staff
colluded
sans
chief
defendants
want
grant
dumas
views
publicly
known
accordingly
men
prevented
mayor
staff
making
statements
regarding
matter
next
day
january
chad
legel
designed
tests
flew
chicago
new
meet
burgett
thomas
ude
city
corporate
counsel
legel
outlined
merits
examination
city
officials
confident
validity
results
ibid
according
legel
argumentative
apparently
already
made
mind
tests
according
legel
theme
meeting
political
racial
overtones
going
city
legel
came
away
january
meeting
impression
defendants
already
leaning
toward
discarding
examination
results
january
civil
service
board
csb
board
convened
first
public
meeting
almost
immediately
rev
kimber
began
exert
political
pressure
csb
began
loud
outburst
required
csb
chairman
shout
hold
order
three
times
see
see
also
app
pp
reverend
kimber
protested
public
meeting
arguing
fire
commissioners
first
allowed
meet
csb
private
app
pet
cert
four
days
csb
first
meeting
mayor
destefano
executive
aide
sent
burgett
ude
message
clearly
indicated
mayor
made
mind
oppose
certification
test
results
nevertheless
wanted
conceal
fact
public
wanted
make
sure
page
meeting
tomorrow
et
remember
folks
certification
yet
ca
go
tell
position
deliberate
arrive
fairest
cogent
outcome
ibid
february
csb
convened
second
public
meeting
reverend
kimber
testified
threatened
csb
political
recriminations
voted
certify
test
results
look
board
tonight
look
three
whites
one
hispanic
blacks
hope
put
type
position
political
ramification
may
come
back
upon
sit
board
decide
future
department
future
promoted
applause
emphasis
added
one
csb
members
ook
great
offense
believed
rev
kimber
consider
ed
bigot
face
white
offended
csb
member
eventually
voted
certify
test
results
one
rev
kimber
friends
allies
lieutenant
gary
tinney
also
exacerbated
racial
tensions
csb
firefighters
applauded
support
certifying
test
results
tinney
exclaimed
klansmen
behind
us
tinney
also
strong
ties
mayor
office
see
learning
scored
well
enough
captain
exam
earn
promotion
tinney
called
arranged
meeting
office
tinney
alleged
white
firefighters
cheated
exams
accusation
conveyed
board
without
first
conducting
investigation
veracity
see
also
app
statement
csb
chairman
noting
allegations
cheating
allegation
turned
baseless
app
pet
cert
never
retracted
cheating
allegation
executive
officials
testified
several
times
csb
accordance
directions
mayor
office
make
csb
meetings
appear
deliberative
see
executive
officials
remained
publicly
uncommitted
certification
simultaneously
work
ing
team
behind
closed
doors
secretary
csb
devise
political
message
convince
csb
vote
certification
see
public
csb
meeting
march
example
corporation
counsel
ude
bristled
one
board
member
suggestion
city
officials
recommending
certifying
test
results
see
attorney
ude
took
offense
stating
never
make
recommendation
made
recommendation
like
within
days
making
public
statement
ude
privately
told
members
mayor
team
way
get
decision
certify
focus
something
big
discussion
adverse
impact
law
part
effort
deflect
attention
specifics
test
city
relied
heavily
testimony
christopher
hornick
one
chad
legel
competitors
business
hornick
never
stud
ied
test
legel
developed
length
detail
see
also
hornick
review
rely
upon
literature
sent
burgett
criticize
legel
test
example
hornick
noted
literature
burgett
sent
test
customized
new
fire
department
chairman
csb
immediately
corrected
hornick
actually
hornick
hornick
also
relied
newspaper
accounts
sent
burgett
pertaining
controversy
surrounding
certification
decision
see
although
hornick
admitted
knowledge
actual
test
legel
developed
city
administered
see
city
repeatedly
relied
upon
hornick
testing
guru
csb
chairman
words
city
ke
pt
quoting
person
rely
upon
anybody
else
conclude
better
way
better
mousetrap
app
later
admitted
city
rewarded
hornick
testimony
hiring
develop
administer
alternative
test
app
pet
cert
see
also
hornick
plea
future
business
city
basis
criticisms
legel
tests
point
prior
csb
public
meeting
march
mayor
decided
use
executive
authority
disregard
test
results
even
csb
ultimately
voted
certify
accordingly
evening
march
sent
mayor
mayor
executive
assistant
burgett
attorney
ude
attaching
two
alternative
press
releases
first
issued
csb
voted
certify
test
results
second
issued
explain
mayor
invocation
executive
authority
csb
voted
certify
test
results
half
hour
circulated
alternative
drafts
burgett
replied
ell
seems
say
let
hope
draft
hits
shredder
tomorrow
nite
soon
csb
voted
certification
mayor
destefano
appeared
dinner
event
took
credit
scu
tt
ling
examination
results
taking
account
evidence
summary
judgment
record
reasonable
jury
find
following
almost
soon
city
disclosed
racial
makeup
list
firefighters
scored
highest
exam
city
administration
lobbied
influential
community
leader
scrap
test
results
city
administration
decided
course
action
making
real
assessment
possibility
violation
achieve
end
city
administration
concealed
internal
decision
worked
things
turned
successfully
persuade
csb
acceptance
test
results
illegal
expose
city
liability
event
csb
persuaded
mayor
wielding
ultimate
decisionmaking
authority
prepared
overrule
csb
immediately
taking
view
evidence
reasonable
jury
easily
find
city
real
reason
scrapping
test
results
concern
violating
provision
title
vii
simple
desire
please
politically
important
racial
constituency
noteworthy
solicitor
general
whose
position
principal
legal
issue
case
largely
aligned
dissent
concludes
either
district
appeals
adequately
considered
whether
viewing
evidence
light
favorable
petitioners
genuine
issue
material
fact
remained
whether
respondents
claimed
purpose
comply
title
vii
pretext
intentional
racial
discrimination
brief
amicus
curiae
see
also
iii
comment
length
dissent
criticism
analysis
two
points
require
response
first
concerns
dissent
statement
equat
political
considerations
unlawful
discrimination
post
dissent
misrepresents
position
draw
equation
course
many
ways
politician
attempt
win
constituency
including
racial
constituency
without
engaging
unlawful
discrimination
post
assume
dissent
agree
things
public
official
one
engaging
intentional
racial
discrimination
making
employment
decisions
second
point
concerns
dissent
main
argument
efforts
mayor
staff
scuttle
test
results
irrelevant
ultimate
decision
made
csb
according
dissent
relevant
decision
made
csb
post
scant
cause
suspect
anything
done
opponents
certification
including
mayor
staff
prevented
csb
evenhandedly
assessing
reliability
exams
rendering
independent
decision
certification
post
adoption
dissent
argument
implicitly
decide
important
question
title
vii
law
never
resolved
circumstances
employer
may
held
liable
based
discriminatory
intent
subordinate
employees
influence
make
ultimate
employment
decision
large
body
appeals
case
law
issue
cases
disagree
proper
standard
see
eeoc
bci
bottling
los
angeles
citing
cases
describing
approaches
taken
different
circuits
one
standard
whether
subordinate
exerted
influenc
titular
decisionmaker
russell
mckinney
hosp
venture
see
also
poland
chertoff
subordinate
bias
imputed
employer
subordinate
influenced
involved
decision
decisionmaking
process
another
whether
discriminatory
input
caused
adverse
employment
action
see
bci
bottling
los
angeles
supra
present
cases
reasonable
jury
certainly
find
standards
met
dissent
makes
much
fact
members
csb
swore
oath
votes
based
belief
certification
results
violated
federal
law
see
post
good
faith
csb
members
preclude
finding
presentations
engineered
mayor
staff
influenced
caused
csb
decision
least
standard
asks
whether
actual
decisionmaker
acted
discriminatory
intent
see
hill
lockheed
martin
logistics
management
en
banc
telling
even
standard
summary
judgment
respondents
proper
reasonable
jury
certainly
find
new
mayor
csb
wielded
final
decisionmaking
power
mayor
claimed
authority
poised
use
event
csb
decided
accept
test
results
see
supra
mayor
authority
overrule
csb
decision
accepting
test
results
mayor
also
presumably
authority
overrule
csb
decision
rejecting
test
results
light
mayor
conduct
quite
wrong
throw
petitioners
case
ground
csb
ultimate
decisionmaker
petitioners
firefighters
seek
fair
chance
move
ranks
chosen
profession
order
qualify
promotion
made
personal
sacrifices
petitioner
frank
ricci
dyslexic
found
necessary
hir
someone
considerable
expense
read
onto
audiotape
content
books
study
materials
app
pet
cert
studied
average
eight
thirteen
hours
day
even
listening
audio
tapes
driving
car
ibid
petitioner
benjamin
vargas
hispanic
give
job
wife
take
leave
job
order
take
care
three
young
children
vargas
studied
vargas
devoted
countless
hours
study
missed
two
children
birthdays
two
weeks
vacation
time
incurred
significant
financial
expense
study
period
petitioners
denied
promotions
qualified
race
ethnicity
firefighters
achieved
highest
scores
city
exam
district
threw
case
summary
judgment
even
though
conceded
jury
find
city
asserted
justification
pretextual
appeals
summarily
affirmed
decision
dissent
grants
petitioners
situation
unfortunate
understandably
attract
sympathy
post
sympathy
petitioners
right
demand
right
demand
evenhanded
enforcement
law
title
vii
prohibition
discrimination
based
race
today
decision
denied
frank
ricci
et
petitioners
john
destefano
et
al
frank
ricci
et
petitioners
john
destefano
et
al
writs
certiorari
appeals
second
circuit
june
justice
ginsburg
justice
stevens
justice
souter
justice
breyer
join
dissenting
assessing
claims
race
discrimination
ontext
matters
grutter
bollinger
congress
extended
title
vii
civil
rights
act
cover
public
employment
time
municipal
fire
departments
across
country
including
new
pervasively
discriminated
minorities
extension
title
vii
cover
jobs
firefighting
effected
overnight
change
took
decades
persistent
effort
advanced
title
vii
litigation
open
firefighting
posts
members
racial
minorities
white
firefighters
scored
high
new
promotional
exams
understandably
attract
sympathy
vested
right
promotion
persons
received
promotions
preference
new
maintains
refused
certify
test
results
believed
good
cause
vulnerable
title
vii
suit
relied
results
today
holds
new
demonstrated
strong
basis
evidence
plea
ante
holding
pretends
city
rejected
test
results
solely
higher
scoring
candidates
white
ante
pretension
essential
disposition
ignores
substantial
evidence
multiple
flaws
tests
new
used
similarly
fails
acknowledge
better
tests
used
cities
yielded
less
racially
skewed
order
new
city
hispanics
account
nearly
percent
population
must
today
served
days
undisguised
discrimination
fire
department
members
racial
ethnic
minorities
rarely
seen
command
positions
arriving
order
barely
acknowledges
pathmarking
decision
griggs
duke
power
explained
centrality
concept
effective
enforcement
title
vii
order
opinion
anticipate
staying
power
recitation
facts
leaves
important
parts
story
firefighting
profession
legacy
racial
discrimination
casts
especially
long
shadow
extending
title
vii
state
local
government
employers
congress
took
note
commission
civil
rights
usccr
report
finding
racial
discrimination
municipal
employment
even
pervasive
private
sector
according
report
overt
racism
partly
blame
failure
part
municipal
employers
apply
employment
principles
making
hiring
promotion
decisions
public
employers
often
rel
ied
criteria
unrelated
job
performance
including
nepotism
political
patronage
cong
rec
flawed
selection
methods
served
entrench
preexisting
racial
hierarchies
usccr
report
singled
police
fire
departments
arriers
equal
employment
greater
area
state
local
government
hold
ing
almost
positions
officer
ranks
ibid
see
also
national
commission
fire
prevention
control
america
burning
racial
minorities
fire
departments
nearly
every
community
city
new
city
exception
early
hispanics
composed
percent
new
population
percent
city
firefighters
racial
disparity
officer
ranks
even
pronounced
officers
department
one
black
held
lowest
rank
private
firebird
soc
new
new
bd
fire
following
lawsuit
settlement
agreement
see
city
initiated
efforts
increase
minority
representation
new
fire
department
department
efforts
produced
positive
change
new
population
includes
greater
proportion
minorities
today
nearly
percent
city
residents
percent
hispanic
among
firefighters
minorities
still
underrepresented
starkly
hispanics
constituted
percent
percent
city
firefighters
respectively
supervisory
positions
however
significant
disparities
remain
overall
senior
officer
ranks
captain
higher
nine
percent
nine
percent
hispanic
one
department
fire
captains
see
app
hereinafter
backdrop
entrenched
inequality
promotion
process
issue
litigation
assessed
order
charter
new
must
use
competitive
examinations
fill
vacancies
fire
officer
positions
examinations
city
civil
service
rules
specify
shall
practical
nature
shall
relate
matters
fairly
measure
relative
fitness
capacity
applicants
discharge
duties
position
seek
shall
take
account
character
training
experience
physical
mental
fitness
city
may
choose
among
variety
testing
methods
including
written
oral
exams
erformance
tests
demonstrate
skill
ability
performing
actual
work
new
record
indicates
closely
consider
sort
practical
examination
fairly
measure
relative
fitness
capacity
applicants
discharge
duties
fire
officer
instead
city
simply
adhered
testing
regime
outlined
contract
local
firefighters
union
written
exam
account
percent
applicant
total
score
oral
exam
account
remaining
percent
soliciting
bids
exam
development
companies
new
made
clear
entertain
proposals
include
written
component
weighted
oral
component
weighted
chad
legel
representative
winning
bidder
solutions
ios
testified
deposition
city
never
asked
whether
alternative
methods
might
better
measure
qualities
successful
fire
officer
including
leadership
skills
command
presence
see
contract
responsibility
create
oral
interview
written
pursuant
new
specifications
ios
developed
administered
oral
written
exams
results
showed
significant
racial
disparities
lieutenant
exam
pass
rate
candidates
rate
caucasian
candidates
pass
rate
hispanic
candidates
even
lower
captain
exam
hispanic
candidates
passed
half
rate
caucasian
counterparts
see
app
striking
still
although
nearly
half
lieutenant
candidates
hispanic
none
eligible
promotion
eight
positions
vacant
highest
scoring
candidate
ranked
top
hispanic
candidate
seven
captain
positions
two
hispanic
candidates
eligible
highest
scoring
candidate
ranked
see
stark
disparities
acknowledges
sufficed
state
prima
facie
case
title
vii
provision
see
ante
pass
rates
minorities
well
standard
set
equal
employment
opportunity
commission
eeoc
implement
provision
title
new
thus
cause
concern
prospect
title
vii
litigation
liability
city
officials
referred
matter
new
civil
service
board
csb
entity
responsible
certifying
results
employment
exams
january
march
csb
held
five
public
meetings
consider
proper
course
first
meeting
new
corporation
counsel
thomas
ude
described
legal
standard
governing
title
vii
claims
statistical
imbalances
alone
ude
correctly
recognized
give
rise
liability
instead
presented
disparity
employer
opportunity
burden
proving
test
consistent
business
necessity
app
title
vii
plaintiff
may
attempt
rebut
employer
showing
necessity
identifying
alternative
selection
methods
least
valid
less
adverse
disparate
discriminatory
effect
ibid
see
also
accordingly
csb
commissioners
understood
principal
task
decide
whether
confident
reliability
exams
exams
fairly
measured
qualities
successful
fire
officer
despite
disparate
results
might
alternative
examination
process
identified
qualified
candidates
without
creating
significant
racial
imbalances
seeking
range
input
questions
csb
heard
test
takers
test
designer
experts
city
officials
union
leaders
community
members
several
candidates
promotion
yet
know
exam
results
spoke
csb
first
two
meetings
candidates
favored
certification
exams
emphasized
closely
tracked
assigned
study
materials
invested
substantial
time
money
prepare
test
felt
unfair
scrap
results
see
firefighters
different
view
number
exam
questions
pointed
germane
new
practices
procedures
see
least
two
candidates
opposed
certification
noted
unequal
access
study
materials
individuals
asserted
necessary
books
even
syllabus
issued
others
invest
substantial
sums
purchase
materials
wait
month
half
books
disparities
suggested
fell
least
part
along
racial
lines
many
caucasian
applicants
obtain
materials
assistance
relatives
fire
service
overwhelming
majority
minority
applicants
firefighters
without
support
networks
see
representative
northeast
region
international
association
black
professional
firefighters
donald
day
also
spoke
second
meeting
statistical
disparities
told
csb
present
department
previous
promotional
exams
earlier
tests
however
minority
candidates
fared
well
enough
earn
promotions
see
also
app
day
contrasted
new
experience
nearby
bridgeport
minority
firefighters
held
lieutenant
captain
positions
bridgeport
day
observed
used
testing
process
similar
new
written
exam
accounting
percent
applicant
score
oral
exam
percent
seniority
remaining
five
percent
app
bridgeport
recognized
however
oral
component
written
component
addressed
sort
scenarios
fire
officers
encounter
job
accordingly
city
changed
relative
weights
give
primacy
oral
exam
ibid
since
time
day
reported
bridgeport
seen
minorities
fairly
represented
exam
results
ibid
csb
third
meeting
featured
ios
representative
legel
leader
team
designed
administered
exams
new
several
city
officials
also
participated
discussion
legel
described
exam
development
process
detail
city
recounted
set
parameters
exams
specifically
requirement
written
oral
components
weighting
security
reasons
department
officials
permitted
check
content
questions
prior
administration
instead
ios
retained
senior
fire
officer
georgia
review
exams
content
fidelity
source
material
legel
defended
exams
facially
neutral
stated
stand
ir
validity
city
officials
dispute
neutrality
ios
work
cautioned
even
individual
exam
questions
intrinsic
bias
selection
process
whole
may
nevertheless
deficient
officials
urged
csb
consult
experts
larger
picture
fourth
meeting
csb
solicited
views
three
individuals
expertise
christopher
hornick
psychology
consultant
years
experience
police
firefighter
testing
described
exam
results
relatively
high
adverse
impact
tests
developed
hornick
stated
exhibited
significantly
dramatically
less
adverse
impact
hornick
downplayed
notion
facial
neutrality
important
advised
csb
consider
broader
issue
procedures
rules
types
tests
using
contributing
adverse
impact
specifically
hornick
questioned
new
examination
structure
noting
availability
different
types
testing
procedures
much
valid
terms
identifying
best
potential
supervisors
fire
department
suggested
example
assessment
center
process
essentially
opportunity
candidates
demonstrate
address
particular
problem
opposed
verbally
saying
identifying
correct
option
written
test
selection
processes
hornick
said
better
identif
best
possible
people
demonstrate
dramatically
less
adverse
impacts
ibid
hornick
added
spoken
least
maybe
firefighters
group
settings
consulting
practice
never
one
time
ever
anyone
fire
service
say
person
answers
gets
highest
score
written
job
knowledge
test
makes
best
company
officer
know
valid
procedures
exist
see
also
think
person
leadership
skills
command
presence
interpersonal
skills
management
skills
tactical
skills
identified
evaluated
much
appropriate
hornick
described
written
test
reasonably
good
criticized
decision
allow
department
officials
check
content
according
hornick
inevitably
led
test
ing
processes
procedures
necessarily
match
department
preferred
experts
within
department
signed
confidentiality
agreements
make
sure
terminology
equipment
identified
standardized
reading
sources
apply
department
asked
whether
thought
city
certify
results
hornick
hedged
adverse
impact
test
identified
proceeding
industrial
psychology
experts
goes
sides
pretty
comfortable
position
anyone
perhaps
suggested
new
might
certify
results
immediately
begin
exploring
alternative
ways
deal
issues
future
two
witnesses
made
relatively
brief
appearances
vincent
lewis
specialist
department
homeland
security
former
fire
officer
michigan
believed
exams
generally
tested
relevant
material
although
noted
relatively
heavy
emphasis
questions
pertaining
apparatus
driver
suggested
may
disadvantaged
test
takers
training
opportunity
drive
apparatus
also
urged
csb
consider
whether
candidates
fact
enjoyed
equal
access
study
materials
ibid
cf
supra
janet
helms
professor
counseling
psychology
boston
college
observed
incumbent
fire
officers
submitted
job
analyses
ios
exam
design
phase
caucasian
members
different
racial
groups
helms
told
csb
sometimes
jobs
different
ways
often
experiences
open
white
male
firefighters
open
members
groups
app
heavy
reliance
job
analyses
white
firefighters
suggested
may
thus
introduced
element
bias
csb
fifth
final
meeting
began
statements
city
officials
recommending
certification
ude
new
counsel
repeated
applicable
standard
finding
adverse
impact
beginning
end
review
testing
procedures
procedure
demonstrates
adverse
impact
look
closely
related
job
looking
fill
also
look
whether
ways
test
qualities
traits
positions
equally
valid
less
adverse
impact
new
ude
officials
asserted
vulnerable
title
vii
liability
standard
even
exams
facially
neutral
significant
doubts
raised
whether
properly
assessed
key
attributes
successful
fire
officer
see
also
upon
close
reading
exams
questions
appear
test
candidate
ability
memorize
textbooks
necessarily
identify
solutions
real
problems
fire
moreover
city
officials
reminded
csb
hornick
others
identified
better
less
discriminatory
selection
assessment
centers
exams
heavily
weighted
oral
component
giving
members
public
final
chance
weigh
csb
voted
certification
dividing
rule
result
noncertification
voting
commissioner
webber
stated
originally
going
vote
certify
heard
enough
testimony
give
great
doubts
test
procedures
believe
better
commissioner
tirado
likewise
concluded
flawed
testing
process
counseled
certification
chairman
segaloff
commissioner
caplan
voted
certify
according
segaloff
testimony
compelled
say
exam
unconvinced
alternative
selection
processes
less
discriminatory
segalhoff
caplan
however
urged
city
undertake
civil
service
reform
following
csb
vote
petitioners
white
firefighters
one
hispanic
firefighter
high
marks
exams
filed
suit
district
district
connecticut
named
defendants
respondents
city
several
city
officials
local
political
activist
two
csb
members
voted
certifying
results
opposing
certification
petitioners
alleged
respondents
discriminated
violation
title
vii
provision
fourteenth
amendment
equal
protection
clause
decision
certify
respondents
answered
lawful
effort
comply
title
vii
provision
thus
run
afoul
title
vii
prohibition
disparate
treatment
characterizing
respondents
stated
rationale
mere
pretext
petitioners
insisted
new
solid
defense
suit
decision
summarily
affirmed
appeals
district
granted
summary
judgment
respondents
supp
aff
per
curiam
second
circuit
precedent
district
explained
intent
remedy
disparate
impact
promotional
exam
equivalent
intent
discriminate
applicants
supp
quoting
hayden
county
nassau
rejecting
petitioners
pretext
argument
observed
exam
results
sufficiently
skewed
make
prima
facie
case
discrimination
title
vii
provision
supp
new
gone
forward
certification
sued
aggrieved
minority
test
takers
city
forced
defend
tests
presumptively
invalid
csb
testimony
hornick
others
indicated
overcoming
presumption
easy
task
given
title
vii
preference
voluntary
compliance
held
new
lawfully
discard
disputed
exams
even
city
definitively
pinpoint
ed
source
disparity
ha
yet
formulated
better
selection
method
respondents
doubt
conscious
race
decisionmaking
process
acknowledged
mean
engaged
racially
disparate
treatment
conclusion
reached
action
thereupon
taken
sense
test
results
discarded
one
promoted
firefighters
every
race
participate
another
selection
process
considered
promotion
new
action
gave
individual
preference
analogous
quota
system
minority
candidates
basis
race
treated
uniformly
quoting
hayden
reasons
also
rejected
petitioners
equal
protection
claim
ii
title
vii
became
effective
july
employers
responded
law
eliminating
rules
practices
explicitly
barred
racial
minorities
white
jobs
removing
overtly
job
classifications
usher
genuinely
equal
opportunity
subtle
sometimes
unconscious
forms
discrimination
replaced
undisguised
restrictions
griggs
duke
power
responded
reality
supplied
important
guidance
title
vii
mission
scope
congress
landmark
decision
recognized
aimed
beyond
disparate
treatment
targeted
disparate
impact
well
title
vii
original
text
plain
proscribe
overt
discrimination
also
practices
fair
form
discriminatory
operation
ignoring
griggs
one
maintain
intentionally
disparate
treatment
alone
title
vii
original
foundational
prohibition
disparate
impact
mere
afterthought
cf
ante
griggs
addressed
duke
power
company
policy
applicants
positions
save
company
labor
department
high
school
graduates
score
satisfactorily
two
professionally
prepared
aptitude
tests
showing
discriminatory
purpose
adoption
diploma
test
requirements
policy
however
operated
render
ineligible
markedly
disproportionate
number
time
litigation
north
carolina
duke
power
plant
located
percent
white
males
percent
males
high
school
diplomas
also
failed
aptitude
tests
significantly
higher
rate
whites
ibid
neither
requirement
shown
bear
demonstrable
relationship
successful
performance
jobs
used
unanimously
held
company
diploma
test
requirements
violated
title
vii
achieve
equality
employment
opportunities
comprehended
congress
directed
thrust
act
consequences
employment
practices
simply
motivation
meant
unnecessary
barriers
employment
must
fall
even
neutral
face
neutral
terms
intent
touchstone
determining
whether
test
qualification
meets
title
vii
measure
said
good
intent
absence
discriminatory
intent
business
necessity
matching
procedure
substance
griggs
observed
congress
placed
employer
burden
showing
given
requirement
ha
manifest
relationship
employment
question
albemarle
paper
moody
without
dissent
elaborated
griggs
employment
test
select
applicants
hire
promotion
racial
pattern
significantly
different
pool
applicants
reiterated
employer
must
demonstrate
manifest
relationship
test
job
showing
cautioned
necessarily
mean
employer
prevails
remains
open
complaining
party
show
tests
selection
devices
without
similarly
undesirable
racial
effect
also
serve
employer
legitimate
interest
trustworthy
workmanship
ibid
federal
trial
appellate
courts
applied
griggs
albemarle
disallow
host
hiring
promotion
practices
operate
headwinds
minority
groups
griggs
practices
discriminatory
effect
courts
repeatedly
emphasized
maintained
upon
employer
showing
overriding
compelling
business
purpose
chrisner
complete
auto
transit
practice
served
legitimate
management
functions
generally
understood
suffice
establish
business
necessity
williams
colorado
springs
school
internal
quotation
marks
omitted
among
selection
methods
cast
aside
lack
manifest
relationship
job
performance
number
written
hiring
promotional
examinations
moving
different
direction
wards
cove
packing
atonio
bare
majority
significantly
modified
delineation
title
vii
proscription
business
necessity
practice
disproportionately
excludes
members
minority
groups
wards
cove
held
employer
bears
burden
production
burden
persuasion
place
instruction
challenged
practice
must
manifest
relationship
employment
question
griggs
wards
cove
said
practice
permissible
long
serve
significant
way
legitimate
employment
goals
employer
response
wards
cove
number
recent
decisions
sharply
cut
back
scope
effectiveness
civil
rights
laws
congress
enacted
civil
rights
act
pt
among
alterations
congress
formally
codified
component
title
vii
amending
statute
congress
made
plain
intention
restore
concepts
necessity
related
enunciated
griggs
duke
power
decisions
prior
wards
cove
packing
atonio
stat
complaining
party
demonstrates
employment
practice
causes
disparate
impact
amended
title
vii
burden
employer
demonstrate
challenged
practice
job
related
position
question
consistent
business
necessity
employer
carries
substantial
burden
complainant
may
respond
identifying
alternative
employment
practice
employer
refuses
adopt
ii
neither
congress
enactments
title
vii
precedents
including
decision
wards
cove
offer
even
hint
conflict
employer
obligations
statute
provisions
cf
ante
standing
equal
footing
twin
pillars
title
vii
advance
objectives
ending
workplace
discrimination
promoting
genuinely
equal
opportunity
see
mcdonnell
douglas
green
yet
today
sets
odds
statute
core
directives
employer
changes
employment
practice
effort
comply
title
vii
provision
reasons
acts
race
something
title
vii
provision
see
generally
forbids
ante
characterization
employer
action
shows
little
attention
congress
design
griggs
line
cases
congress
recognized
pathmarking
ur
task
interpreting
separate
provisions
single
act
give
act
harmonious
comprehensive
meaning
possible
light
legislative
policy
purpose
weinberger
hynson
westcott
dunning
internal
quotation
marks
omitted
particular
phrase
need
extend
outer
limits
definitional
possibilities
incongruity
result
dolan
postal
service
title
vii
proscriptions
must
read
complementary
codifying
griggs
albemarle
instructions
congress
declared
unambiguously
selection
criteria
operating
disadvantage
minority
group
members
retained
justified
business
keeping
congress
design
employers
reject
criteria
due
reasonable
doubts
reliability
hardly
held
engaged
discrimination
race
reasonable
endeavor
comply
law
ensure
qualified
candidates
races
fair
opportunity
compete
simply
congress
meant
interdict
therefore
hold
employer
jettisons
selection
device
disproportionate
racial
impact
becomes
apparent
violate
title
vii
bar
automatically
subject
key
condition
employer
must
good
cause
believe
device
withstand
examination
business
necessity
cf
faragher
boca
raton
observing
accords
clear
statutory
policy
employers
prevent
violations
make
reasonable
efforts
discharge
duty
title
vii
eeoc
interpretative
guidelines
corroborative
enactment
title
vii
guidelines
state
congress
intend
expose
comply
act
charges
violating
statute
seeking
implement
cfr
recognizing
eeoc
enforcement
responsibility
title
vii
previously
accorded
commission
position
respectful
consideration
see
albemarle
griggs
yet
today
much
mention
eeoc
counsel
precedents
defining
contours
title
vii
prohibition
confirm
absence
discord
johnson
transportation
agency
santa
clara
upheld
municipal
employer
voluntary
plan
challenge
pursuant
plan
employer
selected
woman
position
job
category
traditionally
regarded
male
male
applicant
slightly
higher
interview
score
brought
suit
title
vii
rejected
claim
approved
plan
allowed
consideration
gender
one
numerous
factors
consideration
said
fully
consistent
title
vii
plans
order
aid
eliminating
vestiges
discrimination
workplace
litigation
involve
affirmative
action
voluntary
affirmative
action
issue
johnson
discriminate
within
meaning
title
vii
neither
employer
reasonable
effort
comply
title
vii
provision
refraining
action
doubtful
consistency
business
necessity
reconcile
supposed
conflict
disparate
treatment
disparate
impact
offers
enigmatic
standard
ante
employers
may
attempt
comply
title
vii
provision
declares
strong
basis
evidence
documenting
necessity
action
ante
standard
drawn
inapposite
equal
protection
precedents
elaborated
one
left
wonder
cases
meet
standard
sure
case
construing
title
vii
note
preliminarily
equal
protection
doctrine
limited
utility
equal
protection
clause
held
prohibits
intentional
discrimination
component
see
personnel
administrator
mass
feeney
washington
davis
title
vii
contrast
aims
eliminate
forms
employment
discrimination
unintentional
well
deliberate
today
cf
ante
ante
scalia
concurring
never
questioned
constitutionality
component
title
vii
good
reason
instructing
employers
avoid
needlessly
exclusionary
selection
processes
title
vii
provision
calls
means
increase
minority
participation
something
equal
protection
precedents
also
encourage
see
adarand
constructors
pe
quoting
richmond
croson
radicalism
holding
disparate
impact
doctrine
unconstitutional
matter
equal
protection
moreover
suggests
uncompromising
issue
decision
primus
equal
protection
disparate
impact
round
three
harv
rev
cases
draws
standard
particularly
inapt
concern
constitutionality
absolute
racial
preferences
see
wygant
jackson
bd
plurality
opinion
invalidating
school
district
plan
lay
nonminority
teachers
retaining
minority
teachers
less
seniority
croson
rejecting
program
minority
contractors
operated
unyielding
racial
quota
employer
effort
avoid
title
vii
liability
repudiating
suspect
selection
method
scarcely
resembles
cases
race
merely
relevant
consideration
wygant
croson
decisive
factor
observance
title
vii
provision
contrast
calls
racial
preference
absolute
otherwise
purpose
provision
ensure
individuals
hired
promoted
based
qualifications
manifestly
necessary
successful
performance
job
question
qualifications
screen
members
decision
litigation
underplays
dominant
title
vii
theme
repeatedly
emphasized
statute
read
thwart
efforts
voluntary
compliance
johnson
compliance
explained
preferred
means
achieving
title
vii
objectives
firefighters
cleveland
see
also
kolstad
american
dental
dissuading
employers
taking
voluntary
action
prevent
discrimination
workplace
directly
contrary
purposes
underlying
title
vii
cfr
standard
however
barely
described
general
cavalierly
applied
case
makes
voluntary
compliance
hazardous
venture
result
today
decision
employer
discards
dubious
selection
process
anticipate
costly
litigation
chances
success
even
surviving
motion
highly
problematic
concern
exposure
liability
however
well
grounded
insufficient
insulate
employer
attack
instead
employer
must
make
strong
showing
selection
method
job
related
consistent
business
necessity
refused
adopt
equally
valid
alternative
ante
hard
see
requirements
differ
demanding
employer
establish
provable
actual
violation
cf
ante
indeed
sharp
conflict
false
one
describes
title
vii
core
provisions
instead
discordance
opinion
voluntary
compliance
ideal
cf
wygant
concurring
part
concurring
judgment
imposition
requirement
public
employers
make
findings
engaged
illegal
discrimination
act
severely
undermine
public
employers
incentive
meet
voluntarily
civil
rights
obligations
additional
justifications
announcing
standard
unimpressive
first
discarding
results
tests
suggests
calls
heightened
standard
upset
employee
legitimate
expectation
ante
rationale
puts
cart
horse
legitimacy
employee
expectation
depends
legitimacy
selection
method
employer
reasonably
concludes
exam
fails
identify
qualified
individuals
needlessly
shuts
segment
applicant
pool
title
vii
surely
compel
employer
hire
promote
based
test
however
unreliable
may
indeed
statute
prime
objective
prevent
exclusionary
practices
operat
ing
status
quo
griggs
second
suggests
anything
less
standard
risks
creating
de
facto
quota
system
employer
discard
test
results
intent
obtaining
employer
preferred
racial
balance
ante
reasonableness
standard
however
employer
cast
aside
selection
method
based
statistical
disparity
employer
must
good
cause
believe
method
screens
qualified
applicants
difficult
justify
grounded
business
necessity
employer
repeatedly
reject
test
results
fair
agree
infer
employer
simply
seeking
racially
balanced
outcome
genuinely
endeavoring
comply
title
vii
stacks
deck
denying
respondents
chance
satisfy
newly
announced
standard
formulates
new
legal
rule
ordinary
course
remand
allow
lower
courts
apply
rule
first
instance
see
johnson
california
swint
see
good
reason
fails
follow
course
case
indeed
sole
basis
peremptory
ruling
demonstrably
false
pretension
respondents
showed
nothing
significant
statistical
disparity
ante
see
supra
iii
applying
view
proper
standard
record
thus
far
made
hold
new
ample
cause
believe
selection
process
flawed
justified
business
necessity
judged
standard
petitioners
shown
new
failure
certify
exam
results
violated
title
vii
city
agree
faced
prima
facie
case
liability
ante
pass
rate
minority
candidates
half
rate
nonminority
candidates
virtually
minority
candidates
eligible
promotion
exam
results
certified
alerted
stark
disparity
csb
heard
expert
lay
testimony
presented
public
hearings
endeavor
ascertain
whether
exams
fair
consistent
business
necessity
investigation
revealed
grave
cause
concern
exam
process
city
failure
consider
alternative
selection
devices
chief
among
city
problems
nature
tests
promotion
choosing
use
written
oral
exams
weighting
city
simply
adhered
union
preference
apparently
gave
consideration
whether
weighting
likely
identify
qualified
strong
reason
think
relying
heavily
written
tests
select
fire
officers
questionable
practice
say
least
successful
fire
officers
city
description
position
makes
clear
must
bility
lead
personnel
effectively
maintain
discipline
promote
harmony
exercise
sound
judgment
cooperate
officials
app
qualities
well
measured
written
tests
testifying
csb
christopher
hornick
expert
two
decades
relevant
experience
emphatic
point
leadership
skills
command
presence
like
identified
evaluated
much
appropriate
way
hornick
commonsense
observation
mirrored
case
law
title
vii
administrative
guidelines
courts
long
criticized
written
firefighter
promotion
exams
probative
ability
recall
particular
text
stated
given
topic
firefighting
supervisory
knowledge
abilities
vulcan
pioneers
new
jersey
dept
civil
supp
nj
fire
officer
job
courts
observed
involves
complex
behaviors
good
interpersonal
skills
ability
make
decisions
tremendous
pressure
host
abilities
none
easily
measured
written
multiple
choice
test
firefighters
inst
racial
equality
louis
interpreting
uniform
guidelines
eeoc
federal
agencies
responsible
enforcing
equal
opportunity
employment
laws
similarly
recognized
measures
interpersonal
relations
ability
function
danger
firefighters
tests
generally
close
enough
approximations
work
behaviors
show
content
validity
fed
reg
see
also
cfr
given
unfavorable
appraisals
unsurprising
municipal
employers
evaluate
candidates
new
although
comprehensive
statistics
scarce
study
found
nearly
surveyed
municipalities
used
assessment
centers
simulations
real
world
work
part
promotion
processes
lowry
survey
assessment
center
process
public
sector
public
personnel
management
figure
represented
marked
increase
previous
decade
see
percentage
today
may
well
even
higher
among
municipalities
still
relying
part
written
exams
median
weight
assigned
percent
half
weight
given
new
written
exam
testimony
csb
indicated
alternative
methods
reliable
notably
less
discriminatory
operation
according
donald
day
international
association
black
professional
firefighters
nearby
bridgeport
saw
less
skewed
results
switching
selection
process
placed
primary
weight
oral
exam
app
see
supra
hornick
described
assessment
centers
demonstrat
ing
dramatically
less
adverse
impacts
written
exams
app
considering
prevalence
proven
alternatives
new
poorly
positioned
argue
promotions
based
outmoded
exclusionary
selection
process
qualified
business
necessity
cf
robinson
lorillard
go
without
saying
practice
hardly
alternative
practice
better
effectuates
intended
purpose
equally
effective
less
discriminatory
ignoring
conceptual
defects
new
selection
process
describes
exams
painstaking
ly
developed
test
relevant
material
basis
finds
substantial
risk
liability
see
ante
perhaps
reasoning
sufficed
wards
cove
permitted
exclusionary
practices
long
advanced
employer
legitimate
goals
congress
repudiated
wards
cove
reinstated
business
necessity
rule
attended
manifest
relationship
requirement
see
griggs
see
also
supra
like
chess
player
tries
win
sweeping
opponent
pieces
table
simply
shuts
sight
formidable
obstacles
new
faced
defending
suit
see
lanning
southeastern
transp
judicial
application
standard
focusing
solely
whether
qualities
measured
exam
bear
relationship
job
question
impermissibly
write
business
necessity
prong
act
chosen
ios
representative
chad
legel
team
may
diligent
designing
exams
says
little
exams
suitability
selecting
fire
officers
ios
worked
within
city
constraints
legel
never
discussed
city
propriety
weighting
asked
consider
possibility
assessment
center
app
see
also
ios
exams
legel
admitted
even
attempted
assess
command
presence
ou
probably
better
assessment
center
cared
measure
cf
boston
chapter
naacp
beecher
test
fashioned
materials
pertaining
job
superficially
may
seem
issue
whether
demonstrably
selects
people
perform
better
required
addition
highly
questionable
character
exams
neglect
available
alternatives
city
reasons
worry
vulnerability
liability
city
ground
rules
ios
allowed
show
exams
anyone
new
fire
department
prior
administration
precluded
ios
able
engage
normal
subject
matter
expert
review
process
something
legel
described
critical
app
result
exam
questions
confusing
irrelevant
exams
may
areas
missing
others
see
testimony
csb
also
raised
questions
concerning
unequal
access
study
materials
see
potential
bias
introduced
relying
principally
job
analyses
nonminority
fire
officers
develop
exams
see
see
also
supra
criticizes
new
failing
obtain
technical
report
ios
maintains
provided
detailed
information
establish
validity
exams
ante
record
substantiate
assertion
legel
testified
deposition
technical
report
merely
summarized
steps
ios
took
methodologically
speaking
established
exams
reliability
app
see
also
report
say
anything
documents
already
existed
say
sum
record
solidly
establishes
city
good
cause
fear
liability
moreover
supplies
tenable
explanation
evidence
tests
multiple
deficiencies
create
least
triable
issue
standard
concurring
opinion
justice
alito
asserts
summary
judgment
respondents
improper
even
city
good
cause
noncertification
decision
reasonable
jury
maintains
found
respondents
actually
motivated
concern
litigation
instead
sought
placate
politically
important
constituency
ante
earlier
noted
oppose
remand
proceedings
fair
sides
see
supra
chosen
litigation
based
pretension
city
shown
show
nothing
statistical
disparity
see
supra
justice
alito
compounds
error
offering
truncated
synopsis
many
hours
deliberations
undertaken
csb
justice
alito
finds
evidence
suggesting
respondents
stated
desire
comply
title
vii
insincere
mere
pretext
discrimination
white
firefighters
ante
support
assertion
justice
alito
recounts
length
alleged
machinations
rev
boise
kimber
local
political
activist
mayor
john
destefano
certain
members
mayor
staff
see
ante
allegations
justice
alito
repeats
drawn
petitioners
statement
facts
deem
undisputed
statement
displaying
adversarial
zeal
uncommonly
found
credibly
denied
however
decision
certification
exams
made
neither
kimber
mayor
staff
relevant
decision
made
csb
unelected
politically
insulated
body
striking
justice
alito
concurrence
says
hardly
word
csb
perhaps
scant
evidence
motivation
anything
comply
title
vii
provision
notably
petitioners
even
seek
take
depositions
two
commissioners
voted
certification
submitted
uncontested
affidavits
declaring
unequivocally
votes
based
solely
good
faith
belief
certification
discriminated
minority
candidates
violation
federal
law
app
justice
alito
discounts
sworn
statements
suggesting
csb
deliberations
tainted
preferences
kimber
city
officials
whether
csb
aware
taint
kimber
city
officials
justice
alito
speculates
decided
early
oppose
certification
engineered
skewed
presentation
csb
achieve
preferred
outcome
ante
initial
matter
justice
alito
exaggerates
influence
actors
csb
record
reveals
designed
conducted
inclusive
decisionmaking
process
heard
numerous
individuals
sides
certification
question
see
app
kimber
others
doubt
used
strong
words
urge
csb
certify
exam
results
csb
received
pressure
supporters
certification
well
opponents
cf
ante
petitioners
example
engaged
counsel
speak
behalf
csb
counsel
mince
words
discard
results
warned
get
sued
force
taxpayers
city
new
protracted
litigation
app
see
also
local
firefighters
union
organization
required
law
represent
city
firefighters
similarly
outspoken
favor
certification
discarding
test
results
union
president
told
csb
totally
ridiculous
insisted
inaccurately
city
risk
liability
exams
administered
pursuant
collective
bargaining
agreement
cf
supra
never
mentioned
justice
alito
attempt
show
testing
expert
christopher
hornick
alliance
city
ante
csb
solicited
hornick
testimony
union
suggestion
city
app
hornick
cogent
testimony
raised
substantial
doubts
exams
reliability
see
supra
scant
cause
suspect
maneuvering
overheated
rhetoric
either
side
prevented
csb
evenhandedly
assessing
reliability
exams
rendering
independent
decision
certification
justice
alito
acknowledges
csb
little
patience
kimber
antics
ante
petitioners
chairman
segaloff
voted
certify
exam
results
dismissed
threats
made
counsel
unhelpful
needlessly
inflammatory
app
regarding
views
expressed
city
officials
csb
made
clear
entitled
special
weight
event
justice
alito
analysis
contains
fundamental
flaw
equates
political
considerations
unlawful
discrimination
justice
alito
sees
mayor
staff
motivated
desire
placate
racial
constituency
ante
engaged
unlawful
discrimination
petitioners
justice
alito
fails
ask
vital
question
lacate
political
officials
politics
mind
hardly
extraordinary
many
ways
politician
attempt
win
constituency
including
racial
constituency
without
engaging
unlawful
discrimination
courts
recognized
oliticians
routinely
respond
bad
press
violation
title
vii
take
advantage
situation
gain
political
favor
henry
jones
real
issue
whether
mayor
staff
politically
motivated
whether
attempt
score
political
points
legitimate
nondiscriminatory
seeking
exclude
white
firefighters
promotion
unlikely
fair
test
undoubtedly
result
addition
white
firefighters
officer
ranks
realize
least
belatedly
tests
toppled
suit
latter
case
violation
justice
alito
recognize
disagree
view
employer
action
avoid
title
vii
liability
qualifies
presumptively
improper
employment
decision
see
ante
reject
construction
title
vii
see
supra
see
employers
endeavor
avoid
exposure
liability
thereby
encounter
liability
disparate
treatment
applying
understanding
title
vii
supported
griggs
long
line
decisions
following
griggs
see
supra
nn
district
found
genuine
dispute
material
fact
noted
particularly
guidance
furnished
second
circuit
precedent
see
supra
petitioners
allegations
city
officials
took
account
politics
district
determined
simply
id
suffice
create
inference
unlawful
discrimination
supp
noncertification
decision
even
undertaken
political
context
reflected
legitimate
intent
implement
promotional
process
based
testing
results
adverse
impact
indeed
district
perceived
total
absence
evidence
discriminatory
animus
towards
petitioners
see
also
nothing
record
case
suggests
city
defendants
csb
acted
discriminatory
animus
toward
petitioners
applicants
perhaps
district
expansive
discussion
issues
conclusions
appear
entirely
consistent
record
indeed
regrettable
city
noncertification
decision
required
candidates
go
another
selection
process
regrettable
rely
flawed
exams
shut
candidates
may
well
command
presence
qualities
needed
excel
fire
officers
yet
choice
makes
today
choice
breaks
promise
griggs
groups
long
denied
equal
opportunity
held
back
tests
fair
form
discriminatory
operation
case
presents
unfortunate
situation
one
new
might
well
avoided
utilized
better
selection
process
first
place
case
present
discrimination
violation
title
vii
dissent
judgment
rests
false
premise
respondents
showed
significant
statistical
disparity
nothing
see
ante
footnotes
together
ricci
et
al
destefano
et
also
certiorari
footnotes
although
dissent
disputes
see
post
record
certainly
permits
inference
petitioners
allegation
true
see
app
pet
cert
pp
deposition
city
heavy
reliance
hornick
testimony
makes
two
chiefs
silence
striking
see
supra
hornick
knew
little
nothing
tests
criticized
two
chiefs
involved
lengthy
process
led
devising
administration
exams
app
pet
cert
including
collaborating
city
officials
extensive
job
analyses
done
selection
oral
panelists
selection
proper
content
subject
matter
exams
footnotes
never
mind
flawed
tests
new
used
better
selection
methods
used
elsewhere
justice
alito
concurring
opinion
urges
overriding
else
racial
politics
fired
strident
pastor
work
new
see
ante
even
detached
disinterested
observer
however
every
reason
ask
racially
skewed
results
occur
new
better
tests
likely
produced
less
disproportionate
results
analysis
rested
two
provisions
title
vii
made
unlawful
employer
limit
segregate
classify
employees
way
deprive
tend
deprive
individual
employment
opportunities
otherwise
adversely
affect
status
employee
individual
race
color
religion
sex
national
origin
permitted
employers
act
upon
results
professionally
developed
ability
test
provided
test
administration
action
upon
results
designed
intended
used
discriminate
race
color
religion
sex
national
origin
griggs
duke
power
quoting
stat
see
also
explaining
authorizes
tests
demonstrably
reasonable
measure
job
performance
see
also
dothard
rawlinson
discriminatory
employment
practice
must
shown
necessary
safe
efficient
job
performance
survive
title
vii
challenge
williams
colorado
springs
school
term
connotes
exclusionary
practice
must
shown
great
importance
job
performance
kirby
colony
furniture
proper
standard
determining
whether
necessity
justifies
practice
racially
discriminatory
result
whether
justified
routine
business
considerations
whether
compelling
need
employer
maintain
practice
whether
employer
prove
alternative
challenged
practice
pettway
american
cast
iron
pipe
doctrine
business
necessity
connotes
irresistible
demand
internal
quotation
marks
omitted
bethlehem
steel
exclusionary
practice
must
directly
foster
safety
efficiency
plant
also
essential
goals
robinson
lorillard
test
whether
exists
overriding
legitimate
business
purpose
practice
necessary
safe
efficient
operation
see
nash
jacksonville
vacated
opinion
reinstated
vulcan
pioneers
new
jersey
dept
civil
guardians
assn
city
police
dept
civil
serv
ensley
branch
naacp
seibels
firefighters
inst
racial
equality
louis
boston
chapter
naacp
beecher
business
necessity
tests
new
used
one
justify
ratio
see
supra
standard
neither
concurring
opinions
attempt
defend
ratio
even
title
vii
cases
involving
plans
never
proposed
standard
johnson
transportation
agency
santa
clara
simply
examined
municipal
employer
action
reasonableness
given
obvious
imbalance
skilled
craft
category
given
agency
commitment
eliminating
imbalances
plainly
unreasonable
agency
consider
one
factor
sex
applicants
making
decision
see
also
firefighters
cleveland
title
vii
permits
employers
unions
voluntarily
make
use
reasonable
affirmative
notably
prior
decisions
applying
standard
imposed
burden
heavy
one
imposes
today
croson
found
strong
basis
evidence
city
offered
nothing
approaching
prima
facie
case
richmond
croson
suggest
anything
beyond
prima
facie
case
required
context
electoral
districting
indicated
strong
basis
exists
threshold
conditions
liability
present
bush
vera
plurality
opinion
infecting
entire
analysis
insistence
city
rejected
test
results
sole
reliance
upon
statistics
ante
see
also
ante
part
story
leaves
see
supra
plainly
shows
long
history
rank
discrimination
firefighting
profession
multiple
flaws
new
test
promotions
sole
reliance
statistics
certainly
descriptive
csb
decision
refusal
remand
proceedings
also
deprives
respondents
opportunity
invoke
shield
liability
section
provides
action
proceeding
based
alleged
unlawful
employment
practice
person
shall
subject
liability
punishment
account
commission
person
unlawful
employment
practice
pleads
proves
act
omission
complained
good
faith
conformity
reliance
written
interpretation
opinion
eeoc
defense
established
shall
bar
action
proceeding
notwithstanding
act
omission
interpretation
opinion
modified
rescinded
determined
judicial
authority
invalid
legal
effect
specifically
given
chance
respondents
might
called
attention
eeoc
guidelines
set
cfr
guidelines
recognize
employers
may
take
affirmative
action
based
analysis
reveals
facts
constituting
actual
potential
adverse
impact
affirmative
action
order
lesser
step
discarding
dubious
selection
device
lower
courts
focused
respondents
intent
rather
whether
respondents
fact
good
cause
act
see
supp
ordinarily
remand
fresh
consideration
order
seen
fit
preclude
proceedings
therefore
explain
final
adjudication
indeed
appropriate
new
prevailing
party
alone
posed
substantial
problem
new
suit
particularly
light
disparate
results
city
scheme
produced
past
see
supra
uniform
guidelines
employee
selection
procedures
uniform
guidelines
employers
must
conduct
investigation
suitable
alternative
selection
procedures
cfr
see
also
officers
justice
civil
serv
utilizing
procedure
adverse
impact
minorities
city
obligation
pursuant
uniform
guidelines
explore
alternative
procedures
implement
less
adverse
impact
substantially
equally
valid
answer
presume
formula
adopted
rational
reason
result
collective
bargaining
agreement
cf
ante
parties
may
rational
says
nothing
whether
selection
process
consistent
business
necessity
unusual
agreements
negotiated
employers
unions
run
afoul
title
vii
see
peters
employment
practice
shielded
requirements
title
vii
facts
product
collective
bargaining
meets
standards
fair
representation
see
also
nash
examination
test
one
aspect
job
performance
differentiated
job
firefighter
engineer
fire
lieutenant
combat
supervisory
skills
firefighters
inst
racial
equality
louis
good
pen
paper
test
evaluating
supervisory
skills
boston
chapter
naacp
difference
memorizing
fire
fighting
terminology
good
fire
fighter
boston
red
sox
recruited
players
basis
knowledge
baseball
history
vocabulary
team
might
acquire
players
bat
pitch
cf
gillespie
wisconsin
courts
must
evaluate
degree
nature
examination
procedure
approximates
job
conditions
addition
content
validity
uniform
guidelines
discuss
construct
validity
criterion
validity
means
employer
might
establish
reliability
selection
method
see
cfr
content
validity
however
type
validity
addressed
parties
feasible
type
validation
circumstances
brief
psychologists
amicus
curiae
hereinafter
psychologists
brief
see
also
thornton
rupp
assessment
centers
human
resource
management
assessment
centers
predict
future
success
cause
adverse
impact
seen
fair
participants
cascio
aguinis
applied
psychology
human
resource
management
ed
research
demonstrated
adverse
impact
less
problem
assessment
center
compared
aptitude
test
cf
firefighters
inst
racial
equality
recommending
assessment
centers
alternative
written
exams
finding
evidence
concerning
alternatives
insufficiently
developed
create
genuine
issue
fact
ante
effectively
confirms
employer
prevail
standard
unless
employer
decisively
proves
violation
specific
arguments
unavailing
first
suggests
changing
weighting
may
violated
title
vii
prohibition
altering
test
scores
ante
one
arguing
however
results
exams
given
altered
rather
argument
city
availed
better
option
initially
decided
selection
process
use
second
respect
assessment
centers
identifies
statements
csb
indicat
ing
department
used
examinations
ante
comes
single
statement
subject
offhand
remark
made
petitioner
ricci
hardly
qualifies
expert
testing
methods
see
ante
given
large
number
municipalities
regularly
use
assessment
centers
impossible
fathom
city
proper
planning
done
well
psychologists
brief
identifies
still
technical
flaws
exams
may
well
precluded
city
prevailing
suit
notably
exams
never
shown
suitably
precise
allow
strict
rank
ordering
candidates
difference
one
two
points
exam
decisive
applicant
promotion
chances
difference
bears
little
relationship
applicant
qualifications
job
relatedly
appears
line
passing
failing
score
accurately
differentiate
qualified
unqualified
candidates
number
promotional
exams
invalidated
bases
see
guardians
cutoff
score
unrelated
job
performance
produces
disparate
racial
results
title
vii
violated
vulcan
pioneers
new
jersey
dept
civil
supp
nj
tests
issue
appropriate
ranking
petitioners
facts
find
little
support
record
many
others
scarcely
deemed
material
petitioners
allege
example
city
officials
prevented
new
fire
chief
assistant
chief
sharing
views
exams
csb
app
pet
cert
none
materials
petitioners
cite
however
suggests
proposition
accurate
cf
ante
deposition
testimony
city
official
karen
specifically
denied
colleagues
directed
chief
assistant
chief
appear
app
pet
cert
moreover
contrary
insinuations
petitioners
justice
alito
statements
made
city
officials
csb
emphasize
allegations
cheating
test
takers
cf
ante
deposition
acknowledged
sharing
cheating
allegations
csb
different
city
commission
app
pet
cert
justice
alito
also
reports
city
attorney
advised
mayor
team
way
convince
csb
certify
focus
something
big
discussion
adverse
impact
law
ante
quoting
app
pet
cert
misleading
abbreviation
attorney
advice
focusing
exams
defects
law
precisely
recommended
see
city
officials
justice
alito
reports
sent
hornick
newspaper
accounts
material
exams
prior
testimony
ante
materials
justice
alito
intimates
may
given
hornick
inaccurate
portrait
exams
hornick
testimony
csb
viewed
full
indicates
hornick
accurate
understanding
exam
process
much
hornick
analysis
focused
weighting
written
oral
exams
something
neither
concurrences
even
attempt
defend
moreover
entirely
misleading
say
city
later
hired
hornick
rewar
testimony
cf
ante
clear
board
fire
commissioners
kimber
served
entity
separate
csb
kimber
member
csb
kimber
justice
alito
requested
private
meeting
csb
ante
shred
evidence
private
meeting
kimber
anyone
else
took
place
justice
alito
points
evidence
mayor
decided
make
promotions
based
exams
even
csb
voted
certify
results
going
far
prepare
press
release
effect
ante
anything
evidence
reinforces
conclusion
csb
made
noncertification
decision
remained
independent
political
fray
mayor
staff
needed
contingency
plan
precisely
control
csb
district
justice
alito
writes
conceded
jury
find
city
asserted
justification
pretextual
admitt
ing
jury
rationally
infer
city
officials
worked
behind
scenes
sabotage
promotional
examinations
knew
exams
certified
mayor
incur
wrath
rev
boise
kimber
influential
leaders
new
community
ante
quoting
supp
district
drew
quoted
passage
petitioners
lower
brief
used
reference
first
amendment
claim
event
apparent
alleged
political
maneuvers
suggest
intent
discriminate
petitioners
city
officials
may
wanted
please
political
supporters
entirely
consistent
stated
desire
avoid
violation
cf
ashcroft
iqbal
slip
allegations
senior
government
officials
condoned
arrest
detention
thousands
arab
muslim
men
following
september
attacks
failed
establish
even
plausible
inference
unlawful
discrimination
sufficient
survive
motion
dismiss