Showing posts with label adverse impact. Show all posts
Showing posts with label adverse impact. Show all posts

Monday, November 7, 2011

TINNEY V. NEW HAVEN: RICCI ACT 2

OFCCP Blog Spot
by Art Gutman Ph.D., Professor, Florida Institute of Technology

In a lawsuit filed in the District Court of Connecticut, Garry Tinney and six co-plaintiffs sued the City of New Haven and the International Association of Firefighters Local 825 for racial discrimination in relation to the promotion exams targeted in Ricci v. DeStefano. Recall that the Supreme Court ruling in this case was that New Haven could not prove a reasonable basis for believing they would lose an adverse impact challenge to minority applicants for promotion to lieutenant and captain. Of course, there was every reason to believe they would be sued, and the lawsuit was filed on October 7, 2011 (see http://www.newhavenindependent.org/archives/upload/2011/10/Firefighters.pdf). The lawsuit cites the 5th and 14th Amendments, and both adverse impact and disparate treatment under Title VII.

Full Blog Post: http://ofccp.blogspot.com/2011/11/tinney-v-new-haven-ricci-act-2.html

Monday, September 20, 2010

THE CENTER FOR CORPORATE EQUALITY RELEASES TAC REPORT ON ADVERSE IMPACT ANALYSIS

OFCCP Blog Spot
September 7, 2010

WASHINGTON D.C. - The Center for Corporate Equality (CCE) has released its expert Technical Advisory Report on Adverse Impact Analysis.OverviewAlthough determining whether selection, promotion, and termination decisions result in adverse impact is an important topic for organizations, there is little guidance about the proper way in which these analyses should be conducted. This lack of guidance is problematic in that it is not unusual for professionals in the same organization to disagree about how these analyses should be conducted, and it is certainly not unusual for plaintiffs and defendants to disagree. To help determine if there are "best practices" in conducting adverse impact analyses, the Center for Corporate Equality (CCE) created a Technical Advisory Committee (TAC) consisting of 70 of the nation's top experts in adverse impact analyses.

Full Blog Post: http://ofccp.blogspot.com/

TAC Adverse Impact Report: http://www.cceq.org/pdfs/2010tacai.pdf