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Ricci v. DeStefano, a/k/a The New Haven Firefighters’ Case, Part I:
The Basics: the Facts and Holding of the Ricci case

Written on 6 Jul, 2009 at 15:41

There’s no way I can get the “scoop” on what has been perhaps the most eagerly awaited Supreme Court decision of the term: Ricci v. DeStefano, No. 07-1428 (June 29, 2009). Since the Court’s 5-4 decision was announced last week,... (Continue reading)

EEOC Investigates Potential Nationwide Test Discrimination At FedEx

Written on 7 Jun, 2006 at 16:47

In a recent press release, EEOC announced some interesting turns in an investigation of FedEx’s promotion policies. One interesting turn involves the refusal by FedEx to comply with a subpoena to provide files and therefore EEOC has asked the U.S.... (Continue reading)

Disparate TREATMENT vs. Disparate IMPACT

Written on 5 Jun, 2006 at 21:16

Some otherwise very knowledgeable and smart HR folks, and perhaps even lawyers, may have difficulty understanding the difference between disparate treatment and disparate impact. Indeed, in some old Supreme Court cases, the supreme court justices appeared to begin to merge... (Continue reading)

Latest Discrimination Class Action Target: Best Buy (will Target be next target?)

Written on 8 Dec, 2005 at 23:37

Best Buy has become the latest “big box” retailer to fall victim to the race discrimination and sex discrimination class action craze, joining the likes of Wal-Mart and Walgreens. Six former and current employees sued Best Buy Thursday, “alleging the... (Continue reading)