Do you test job applicants prior to making a job offer? Do you test employees as a requirement for receiving promotions? If you’ve recently had to do layoffs, did you conduct a disparate impact analysis? These and many more questions are likely to surface given the recent United States Supreme Court decision that concluded that the City of New Haven Connecticut engaged in impermissible reverse discrimination when it discarded test results and refused to promote white firefighters who qualified for promotions based on their test scores because other minority applicants did not perform as well (Ricci v. DeStefano).

The Court’s decision raises many questions concerning the steps that employers may take when avoidance of discrimination against one group could likely mean discrimination against another group.

>> Disparate Impact Versus Disparate Treatment Defined >>

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