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California Employment Law Blog

Tag Archives: Disparate Impact

Rehabilitated Drug Addict’s Disability Claims Were Properly Dismissed

Posted in ADA, Disability, Drug Policies, Employment Law Notes, FLSA

Lopez v. Pacific Maritime Ass’n, 636 F.3d 1197 (2011) When Santiago Lopez first applied to be a longshoreman in 1997, his application was rejected because he tested positive for marijuana. The PMA, which represents the shipping lines, stevedore companies and terminal operators that run the ports along the west coast, follows a “one-strike rule,” which… Continue Reading

Sales Reps Could Proceed With Breach Of Contract And Age Discrimination Claims

Posted in Discrimination, Employment Law Notes, Retaliation

McCaskey v. California State Auto. Ass’n, 189 Cal.App.4th 947 (2010) Charles Luke, Francis McCaskey and John Mellen filed this lawsuit against CSAA, alleging breach of contract and age discrimination. The contract claim was based on an alleged breach by CSAA of a promise to permit senior sales agents to continue in their employ under relaxed… Continue Reading

Fire Dep’t Applicants’ Title VII Challenge Was Not Barred By Statute Of Limitations

Posted in Employment Law Notes

 Lewis v. City of Chicago, 560 U.S. ___, 130 S. Ct. 2191 (2010) Plaintiffs in this case (more than 6,000 African-Americans) had applied to serve in the Chicago Fire Department. They challenged as discriminatory the city’s decision to hire only applicants who had scored 89 or above on a written examination. The city stipulated that… Continue Reading

City Violated Title VII By Discarding Results Of Test That Disparately Impacted Minorities

Posted in Affirmative Action, Discrimination, Employment Law Notes, Supreme Court

Ricci v. DeStefano, 557 U.S. 557, 129 S.Ct. 2658 (2009) One hundred eighteen firefighters took written examinations administered by the city of New Haven, Connecticut in order to qualify for promotion to the rank of lieutenant or captain. When the examination results showed that white candidates had outperformed minority candidates, the mayor and other local… Continue Reading

City Violated Title VII By Discarding Results Of Test That Disparately Impacted Minorities

Posted in Employment Law Notes, Title VII

Ricci v. DeStefano, 557 U.S. ___, 129 S. Ct. 2658 (2009) One hundred eighteen firefighters took written examinations administered by the city of New Haven, Connecticut in order to qualify for promotion to the rank of lieutenant or captain. When the examination results showed that white candidates had outperformed minority candidates, the mayor and other… Continue Reading

Supreme Court Rules Against the City of New Haven in Highly Publicized Reverse Discrimination Case: What Does Ricci vs. DeStefano Mean For Employers?

Posted in Affirmative Action, Client Alerts, Discrimination, Supreme Court

Yesterday, in a highly anticipated 5-4 decision, the U.S. Supreme Court held in Ricci v. DeStefano that the City of New Haven engaged in unlawful intentional race discrimination in violation of Title VII of the Civil Rights Act of 1964 (“Title VII”) when it discarded a firefighter promotional test because of the racial makeup of… Continue Reading