Ricci v. DeStefano: Balancing Title VII Disparate Treatment and Disparate Impact
Leveraging the Supreme Court's Guidance on Employment Testing and its Impact on Voluntary Compliance Actions
Recording of a 90-minute CLE teleconference with Q&A
Conducted on Thursday, July 30, 2009
Recorded event now available
This seminar will analyze the Supreme Court's ruling in Ricci v. DeStefano and its impact on employers’ use of employment-related tests and other voluntary compliance programs. The panel will also discuss the burden of proof in future disparate impact or reverse discrimination lawsuits.
Description
In Ricci v. DeStefano, a controversial reverse discrimination case involving promotion tests, the Supreme Court held that the employer lacked a strong basis in evidence to support refusing to certify test results to avoid potential disparate impact liability.
The Court ruled that mere fear of a disparate impact lawsuit is insufficient to justify a discriminatory employment action that is race based. However, the Court refused to issue a bright-line test for employers facing employment actions with a clear disparate impact.
The decision does provide guidance for employers and their counsel with regard to voluntary compliance actions that risk a disparate treatment lawsuit, though it does not fully resolve the uncertainties employers face in reconciling their conflicting obligations under Title VII.
Listen as our authoritative panel of employment attorneys analyzes this landmark ruling and its impact on employment-related tests and other voluntary compliance measures.
Outline
- Analysis of Supreme Court’s ruling
- Impact of ruling on employment standards and voluntary compliance programs
- Use of employment tests
- Other employment standards
- Reductions in force
- Affirmative action plans
- Diversity plans
- Impact of decision on future litigation
- Employer’s burden of proof for disparate impact cases
- Standards for motion for summary judgment
- Steps to reduce risk of litigation
Benefits
The panel will review these and other key questions:
- Is the Court's ruling limited to employment-related tests or does it have a broader application to other employment decisions?
- Does the Ricci decision change the burden of proof in disparate impact cases?
- What steps should employers take with respect to existing or future employment-related tests and voluntary compliance measures in light of the Supreme Court's decision?
Faculty
Teresa R. Tracy,
Partner
Berger Kahn, Los Angeles
She represents companies nationwide in wrongful termination litigation, discrimination claims, wage and hour claims, class and collective action litigation, affirmative action, union organizing campaigns, grievances, arbitrations and collective bargaining. She stresses a preventive approach that allows management as much latitude as possible in employee relations while avoiding unnecessary litigation.
William D. Deveney,
Partner
Elarbee Thompson Sapp & Wilson, Atlanta
His practice focuses on defense of employment-related claims and he provides employment-related training and proactive counseling on effective employment policies and day-to-day employment matters to a variety of industrial, commercial and retail employers. He provides advice and counseling to general counsel and corporate legal departments regarding best practices, as well as litigation avoidance.
Ordering
Online CLE - Audio Recording
Includes audio streaming of full program plus handouts (available 24 hours after live seminar).
CLE:
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Includes full event recording plus handouts (available after live seminar).
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Customer Reviews
The seminar was very well-organized, managed excellently and informative.
Julia Szadkowski
Equifax Canada Inc.
Another great job by Strafford!
Jessica Brown
Gibson Dunn
The subject matter presented was very relevant to my practice.
Nineveh Alkhas
Neal, Gerber & Eisenberg
Content was superb.
Patrick Webb
Webb & Carey
All of the speakers were very informative, and being able to ask questions was very helpful.
Larry V. Smith
Jackson Walker
Employment & ERISA Advisory Board
Partner
Littler Mendelson
Partner
Perkins Coie
Partner
Wick Phillips
Shareholder
Littler Mendelson
Shareholder
Greenberg Traurig
Partner
Gibson Dunn & Crutcher
Partner
Gladstone Michel Weisberg Willner & Sloane
Shareholder
Greenberg Traurig
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