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Ricci and Croson - Developing Defensible Diversity Initiatives Using Croson Studies (Overview)

"On June 29, 2009, the U.S. Supreme Court handed down the first Title VII ruling that answers the difficult question: 'Under what circumstances can an employer subject to Title VII implement otherwise prohibited disparate-treatment discrimination to avoid disparate impact liability?'  When answering this question, the U.S. Supreme Court adopted a 'strong-basis-in-evidence standard' as a matter of statutory construction for courts to use as a means of resolving conflicts between Title VII’s disparate-treatment and disparate-impact provisions - 'allowing violations of one in the name of compliance with the other only in certain, narrow circumstances' (Ricci, p. 23).

Twenty years prior to the Ricci case, the U.S. Supreme Court codified the 'strong-basis-in-evidence standard' in Richmond v. Croson – a concept that first originated three years earlier in Wygant v. Jackson Board of Education by Justice Powell. Both of these cases laid down legal concepts that were relevant to the Ricci context...defining how the strongbasis-in-evidence standard applies to various personnel actions and diversity initiatives."

(from Adverse Impact and Test Validation: A Practitioner's Handbook, 3rd Edition, by Dr. Dan Biddle)>>Download the Ricci and Croson - Developing Defensible Diversity Initiatives Using Croson Studies Overview (PDF)
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