International Municipal Lawyers Association - Local Government Blog

IMLA Files Amicus Brief

April 1, 2009
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IMLA has filed an amicus brief in the case of Ricci v. DeStefano, a case dealing with employment, Title VII and the Equal Protection Clause. The issue in this case presents the question of 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. More specifically, the following questions are raised: 1) When a content-valid civil-service examination and race-neutral selection process yields unintended racially disproportionate results, does 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; and 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. CLICK HERE to read the brief. Special thanks to Andrew Pincus and Charles Rothfield for their efforts.

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This blog is made possible by the International Municipal Lawyers Association (IMLA), but may include guest bloggers (who are attorneys with experience in local government matters) who might or might not work for IMLA. Their views (and those expressed on this site) do not necessarily express the views of IMLA.