re: #95 Killgore Trout
here are some comments about that case:
…in the Supreme Court briefing, all the parties agreed that if New Haven declined to implement the results of its promotion test because it did not want to promote the best performers because they were white or Hispanic, then that was clearly illegal. New Haven says that this isn’t what happened, that it was simply trying to avoid a violation of Title VII’s disparate impact provision. And much of the debate in the Supreme Court is whether New Haven’s conduct was legal assuming that motivation.
But at the same time, the plaintiffs in Ricci have argued that there was substantial evidence in the record that avoiding disparate impact was not New Haven’s actual motivation. Instead, they insist that New Haven was acting out of “racial politics” and good old-fashioned intentional racial discrimination.http://scotusblog.com