Tag Archive | "disparate impact"

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Supreme Court Rules in Favor of White and Hispanic Firefighters in Ricci v. DeStefano

Supreme Court Rules in Favor of White and Hispanic Firefighters in Ricci v. DeStefano

The Supreme Court has just ruled in favor of white and Hispanic firefighters, who were denied promotions when the City of New Haven threw out the exam they scored highest on, citing the fact that no black firefighter scored high enough. In Ricci v. DeStefano, the Court reversed a decision by the Second Circuit Court of Appeals, including Judge Sonia Sotomayor, whom Obama has nominated to the Supreme Court.

The appeals court, in an unpublished ruling designed to avoid scrutiny, had held that the…

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Posted in Economy, Employment, Features, Labor, Legal, Personal Liberty, Politics as Usual, Regulation, ZeitgeistComments (3)

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Eleventh Circuit Grants Rehearing in Reeves v. C.H. Robinson Worldwide, Which Gutted Statutory Limits on Sexual Harassment Claims

Can you sue your employer because your co-workers listen to raunchy radio programs?

A federal appeals court is reconsidering its 2008 ruling that you can. The Eleventh Circuit Court of Appeals’ decision in Reeves v. C.H. Robinson Worldwide said you could do so, under the dubious theory that it is “sexual harassment” that’s “based on” your sex. But on May 29, it voted to rehear that case.

U.C.L.A. Law Professor Eugene Volokh criticized the decision on First Amendment grounds, while I criticized the…

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Posted in Economy, Employment, Labor, Legal, Nanny State, Personal Liberty, RegulationComments (1)

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