Much has been made of the U.S. Supreme Court’s decision last month in Ricci v. DeStefano — the New Haven firefighters case. While the political implications of the decision are still being sorted out, employment lawyers have begun to consider the case’s legal impact. Some commentators have decried the end of “disparate impact” as a viable theory of discrimination law. In reality, the practical implications of the decision appear to be far less dramatic.
Inasmuch as the court’s decision is rather fact-specific, it is worth reviewing how the case reached the Supreme Court.
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