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Proposed HUD rule would allow disparate impact claims (access required)

Published: November 22, 2011

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WASHINGTON – The Department of Housing and Urban Development has proposed a regulation authorizing disparate impact claims under the Fair Housing Act.

Justices to decide if FHA allows disparate impact suits (access required)

Published: November 7, 2011

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The U.S. Supreme Court will decide whether disparate impact claims are cognizable under the Fair Housing Act.

Black firefighter can pursue disparate-impact claim (access required)

Published: August 18, 2011

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An African-American firefighter can proceed with a Title VII claim alleging that a promotional exam had a disparate impact on minorities – even though his employer argued that its actions were necessary to avoid disparate-treatment liability, the 2nd Circuit has ruled in reversing a dismissal.

Popular job-screening practice provokes new lawsuits (access required)

By: Sylvia Hsieh
Published: January 27, 2011

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Employers are coming under increasing scrutiny and are now facing freshly filed lawsuits over credit screenings of job applicants.

EEOC cracks down on background check-related job bias claims (access required)

By: Kimberly Atkins
Published: August 13, 2010

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The Equal Employment Opportunity Commission is stepping up scrutiny of hiring policies – including the use of criminal background and credit checks – that can have a negative impact on members of minority groups.

Disparate impact case creates more confusion (access required)

By: Kimberly Atkins
Published: May 26, 2010

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Almost a year after ruling in Ricci v. DeStefano that an employer cannot simply ignore entrance exam results that exclude a large percentage of minority job applicants, the U.S. Supreme Court has handed down another decision allowing a disparate impact claim to be brought by black applicants who say they were excluded based on the results of an application test.

Plaintiff can bring bias claim without prior challenge (access required)

By: Kimberly Atkins
Published: May 24, 2010

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A plaintiff who did not file a timely charge challenging the adoption of an employment practice may still assert a disparate impact claim challenging the application of that practice as long as he can make a prima facie disparate impact case, the U.S. Supreme Court has ruled.

EMPLOYMENT DISCRIMINATION (access required)

By: Kimberly Atkins
Published: May 24, 2010

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A plaintiff who did not file a timely charge challenging the adoption of an employment practice may still assert a disparate impact claim challenging the application of that practice.

See “Plaintiff can bring bias claim without prior challenge.

U.S. Supreme Court. Lewis v. Chicago, No. 08-974.  May
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EEOC: Job credit checks could pose bias charge risk (access required)

By: Kimberly Atkins
Published: April 6, 2010

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WASHINGTON – The Equal Employment Opportunity Commission has released a legal advisory letter warning that the use of credit checks to screen job applicants could be unlawful if it leads to the disproportionate exclusion of women, minorities and other protected group members.

Black firefighter sues over New Haven promotion test (access required)

By: Justin Rebello
Published: October 16, 2009

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A black New Haven, Conn., firefighter has filed a federal lawsuit against the city over a promotion exam that was the subject of the U.S. Supreme Court’s landmark ruling in Ricci v. DeStefano in June.

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