Supreme,court in Yasni Exposé of James A. Burns

Focuses on the implications of the recent US Supreme Court decision in Ricci v. DeStefano, a case surrounding the use of tests and disparate impact. The Court’s ruling concerns the use of tests that have demonstrated disparate impact. On the one hand, using the results of those tests for hiring decisions may leave the employer open to a discrimination lawsuit from those in a minority group, but throwing the results out may leave the employer open to a discrimination lawsuit from those who would have been selected using those test results. The author provides some guidance for employers, but the end result is that employers that use a test that is subsequently found to produce adverse impact may find themselves between a rock and a hard place. Furthermore, this ruling applies to any organizational policies or practices, not just selection tests.

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