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Supreme Court Offers Guidance to Employers Faced with the Dilemma of Potential Competing Discrimination Claims by Michael F. Smith
Butzel Long, [incorporation phrase format]A Professional Corporation - Washington Office
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July 13, 2009
Previously published on June 30, 2009
Resolving a thorny issue faced by employers finding themselves threatened with a discrimination claim regardless of what action they take, the Supreme Court today held that an employer that acts in a race-conscious fashion to avoid being sued under a disparate-impact theory, must have something more than a good-faith belief that such a suit was likely - otherwise, it has violated Title VII of the 1964 Civil Rights Act.
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