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US Supreme Court Docket

Supreme Court Docket

[Download January 12, 2008 Argument Calendar PDF]

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Ricci v. DeStefano
No. 07-1428


    Frank Ricci, et al. v. John DeStefano, et al.


    Constitutional Law, Equal Protection, Civil Rights, Labor and Employment Law


    This case presents recurring issues regarding proper application of Title VII and the
    Equal Protection Clause to the civil service. Petitioners, New Haven firefighters and
    lieutenants, qualified for promotion to command positions pursuant to job-related
    examinations and merit selection rules mandated by local law. Citing the race of the
    successful candidates and Title VII's "disparate impact" provision, city officials
    refused to promote the petitioners.

    1. When an otherwise valid civil service selection process yields unintended racially
    disproportionate results, may municipalities reject the results and the successful
    candidates for reasons of race absent the demonstration required by 42 U.S.C. §
    2000e- 2(k)?

    2. Does 42 U.S.C. §2000e-2(l) which makes it unlawful for employers "to adjust the
    scores of, use different cutoff scores for, or otherwise alter the results of,
    employment related tests on the basis of race ... ," permit employers to refuse to act
    on the results of such tests for reasons of race?

    3. If, citing the public interest in eradicating political patronage, racism and
    corruption in civil service, a state's highest court mandates strict compliance with
    local laws requiring race-blind competitive merit selection procedures, does 42
    U.S.C. §2000e-7 permit federal courts to relieve municipalities from compliance with
    such laws?


  • U.S. Court of Appeals - 2nd Circuit, Order Filed: February 15, 200 8



    Coming Soon
Counsel of Record

For Petitioner:

Karen Lee Torre
Law Offices of Norman A. Pattis LLC
New Haven, CT

For Respondent:

Christopher J. Meade
Wilmer Cutler Pickering Hale and Dorr LLP
Washington, DC


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