A firefighter promotional exam in Buffalo that had a wildly disproportionate impact on minorities has been upheld by a divided federal appeals court, which found that a municipality can establish that a test is job-related and business-necessary without local data.
In M.O.C.H.A. Society v. City of Buffalo, 11-cv-2184-cv, 10-2168-cv, Buffalo defended two disparate impact claims by relying only on general, statewide information and without offering any proof that the test in question was specifically related to the city’s needs.
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