Frank Ricci, et al. v. John DeStefano, et al.
Constitutional Law, Equal Protection, Civil Rights, Labor and Employment Law
This case presents the question whether Title VII and the Equal Protection Clause
allow a government employer to reject the results of a civil-service selection
process because it does not like the racial distribution of the results. Specifically:
1. When a content-valid civil-service examination and race-neutral selection
process yield unintended racially disproportionate results, do a municipality and its
officials racially discriminate in violation of the Equal Protection Clause or Title VII
when they reject the results and the successful candidates to achieve racial
proportionality in candidates selected?
2. Does an employer violate 42 U.S.C. §2000e-2(l), which makes it unlawful for
employers "to adjust the scores of, use different cutoff scores for, or otherwise alter
the results of, employment related tests on the basis of race," when it rejects the
results of such tests because of the race of the successful candidates?
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