Under Title VII, an employer can engage in an act of

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cheap nfl jerseys The controversy started when New Haven voided its entire 2003 promotional exam after the results made 18 whites but no blacks eligible to become officers. When the city decided to promote no one, the white firefighters called that invalid under the Constitution.The city said it acted because it might have been vulnerable to claims that the exam had a “disparate impact” on minorities in violation of the Civil Rights Act of 1964, and sought to avoid lawsuit from minorities who were turned down following the test.When the case reached the appeals court Judge (now Supreme Court nominee) Sonia Sotomayor was on the three judge panel that unanimously rejected the reverse discrimination complaint.”Fear of litigation alone cannot justify the City’s reliance on race to the detriment of individuals who passed the examinations and qualified for promotions,” wrote Justice Anthony Kennedy. “Discarding the test results was impermissible under Title VII, and summary judgment is appropriate for petitioners on their disparate treatment claim.” Justices Kennedy was joined by Chief Justice John Roberts and Justices Samuel Alito, Antonin Scalia and Clarence Thomas.In the close, Kennedy, the Court’s swing vote, sided with conservatives, report CBS News correspondent Wyatt Andrews and wrote “this express, race based decision making is prohibited.”Even if the city was trying to protect minorities against an unfair test cheap jerseys, Kennedy wrote cheap jerseys, “There is no substantial basis in evidence (this) test was deficient.”Title VII prohibits both intentional acts of employment discrimination based on race, color, religion sex and national origin (or disparate treatment), and policies or practices that intentional or not have a disproportionately adverse discriminatory effect on minorities (or disparate impact).Under Title VII, an employer can engage in an act of intentional discrimination for the purposes of avoiding or remedying a disparate impact only if there is evidence that the employer would be subject to disparate impact liability. cheap nfl jerseys

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