[IPAC-List] Ricci v DeStefano

Mitch Stein Mitch.Stein at tn.gov
Tue Jun 30 17:02:09 EDT 2009

My read of the Court's majority opinion is that they seem to have validated an "ignorance is bliss" defense. They seem to focus on the fact that even though there were better alternatives New Haven could have chosen (e.g. assessment center), since this was only mentioned once to them the CSB had no clear knowledge that there were alternatives with equal (or better) validity that would likely produce less disparate impact. Therefore it was this lack of knowledge that made it impermissible for them to intentionally commit disparate treatment.

Anyone else read their opinion the same way?


Mitchell Stein, PhD
Human Resources Research Psychologist
TN Dept. of Human Resources
(615) 532-8069

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