摘要:IN JANUARY of 2009, the United States Supreme
Court agreed to hear a controversial and complex
employment testing discrimination case out of the
2nd Circuit. The case, Ricci v. DeStefano, will likely
require the Court to integrate multiple statutes,
consider different theories of discrimination, evalua
various Equal Employment Opportunity (EEO)
doctrines, and ponder implications for assorted
stakeholders. The case centers on the following
question: at what point are race conscious
employment decisions made in an attempt to avoid
adverse impact actually reverse discrimination? This
article reviews the facts of the case, summarizes the
unusual path Ricci has traveled to the Supreme Cour
and identifies some of the potential issues involved
in the case.