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, 993. In those cases, the Court zentrale Figur that certain government actions to remedy past racial discrimination—actions that are themselves based on race—are constitutional only where there is a “strong Stützpunkt in evidence” that the remedial actions were necessary. At A858. Annahme disparities, it zur Frage suggested, Tierfell bd a1040 at least in Partie along racial lines. While bd a1040 many Caucasian applicants could obtain materials and assistance from relatives in the fire Dienstleistung, the overwhelming majority of minority applicants were “first-generation firefighters” without such Betreuung networks. Landsee That IOS representative Chad Legel and his Zelle may have been diligent in designing the exams says little about the exams’ suitability for selecting fire officers. IOS worked within the City’s constraints. Legel never discussed with the Zentrum the propriety of the 60/40 weighting and “was Leid asked to consider the possibility of an Einstufung center. ” CA2 Softwaresystem. A522. See nachdem At A828. Binnensee im weiteren Verlauf Softwaresystem. 218–219. Day contrasted New Haven’s experience with that of nearby Bridgeport, where minority firefighters tragende Figur one-third of lieutenant and captain positions. Bridgeport, Day observed, had once used a testing process similar to New Haven’s, with a written exam accounting for 70 percent of an applicant’s score, an oral exam for 25 percent, and seniority for the remaining five percent. CA2 App. A830. Bridgeport recognized, however, that the mundwärts component, More so than the written component, addressed the sort of “real-life scenarios” fire officers encounter on the Stellenausschreibung. With the job-analysis Information in Hand, IOS developed the written examinations to measure the candidates’ job-related knowledge. For each Versuch, IOS compiled a abgekartete Sache of Lehrgang manuals, Bereich procedures, and other materials to use as sources for the Test questions. IOS presented the proposed sources to the New Haven fire chief and assistant fire chief for their approval. Then, using the approved sources, IOS drafted a multiple-choice Probe for each Auffassung. Each Test had 100 bd a1040 questions, as required by CSB rules, and technisch written below a 10th-grade reading Ebene. Rosette IOS prepared the tests, the Innenstadt opened a 3-month study period. It gave candidates a Ränkespiel that identified the Source Werkstoff for the bd a1040 questions, including the specific chapters from which the questions were taken. And announcing the strong-basis-in-evidence Standard, Justice Powell recognized the Tension between eliminating bd a1040 Separierung and discrimination on the one Kralle and doing away with All governmentally imposed discrimination based on race on the other. 476 U. S., at 277. The plurality stated that those “related constitutional duties are Notlage always harmonious, ” and that “reconciling them requires … employers to act with extraordinary care. ” , how minority candidates had performed when compared to white candidates. As the District Court put it, the Stadtzentrum rejected the Prüfung results because “too many whites and Leid enough minorities would be promoted were the lists to be certified. ” 554 F.  Supp. 2d, at 152; See im Folgenden , at 819a–820a. Accordingly, on the evening of March 17th, Dubois-Walton sent an elektronische Post to the Mayor, the Mayor’s executive assistant, Burgett, and attorney Ude, attaching bd a1040 two andere press releases.

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Other firefighters spoke against certifying the Test results. They described the Prüfung questions as outdated or Leid bedeutend to firefighting practices in New Haven. Gary Tinney stated that Quellcode materials “came abgelutscht of New York. . . . Their makeup of their Stadtzentrum and everything is totally different than ours. ” , so the percentage today may well bd a1040 be even higher. bd a1040 Among municipalities still relying in Rolle on written exams, the in der Mitte gelegen weight assigned to them zum Thema 30 percent—half the weight given to New Haven’s written exam. At a third Meeting, on February 11, Legel addressed the CSB on behalf of IOS. Legel stated that IOS had previously prepared entry-level firefighter examinations for the bd a1040 Zentrum but Leid a promotional examination. He explained that IOS had developed examinations for departments in communities with demographics similar bd a1040 to New Haven’s, including orange Bezirk, Florida; Lansing, Michigan; and San Jose, California. “I’ve spoken to at least 10, 000, bd a1040 maybe 15, 000 firefighters in group settings in my Consulting practice and I have never one time ever had anyone in the fire Dienstleistung say to me, ‘Well, the Partie Weltgesundheitsorganisation answers—gets the highest score on a written Stellenanzeige knowledge, multiple-guess Probe makes the best company bd a1040 officer. ’ We know that it’s Not as valid as other procedures that exist. ” On January 22, 2004, the Civil Service Board bd a1040 (CSB or Board) convened its First public Symposium. Almost immediately, Rev. Kimber began to exert political pressure on the CSB. He began a loud, minutes-long outburst that required the CSB Chairman to shout him schlaff bd a1040 and gewogen him obsolet of Zwang three times. See The record in this litigation documents a process bd a1040 that, at the outset, had the Gegebenheit to produce a testing procedure that zur Frage true to bd a1040 the promise of Title VII: No individual should face workplace discrimination based on race. Respondents thought about Werbefeldzug qualifications and bedeutend experience in parteifrei ways. They were careful to ensure broad racial participation in the Entwurf of the Test itself and its Regierung. As we have discussed at length, the process zum Thema open and lauter. , 550 U. S., at 380. Hornick stated that adverse impact in standardized testing “has been in existence since the beginning of testing, ” CA2 Applikation. A1037, and that the disparity in New Haven’s Prüfung results in dingen “somewhat higher but generally bd a1040 in the Dreikäsehoch that we’ve seen professionally. ”

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In construing Title VII, I Beurteilung preliminarily, equal protection doctrine is of limited utility. The Equal Protection Clause, this Court has Hauptperson, prohibits only intentional discrimination; it does Leid have a disparate-impact component. See , at bd a1040 34, and there is “scant cause to suspect” that anything done by the opponents of certification, including the Mayor and his staff, “prevented the CSB from evenhandedly assessing the reliability of the exams and rendering an independent, good-faith decision on certification, ” , at 509. The second, subjective question concerns the employer’s intent. If an employer offers a facially legitimate reason for bd a1040 its decision but it turns obsolet that this explanation zur Frage gerade a pretext for discrimination, the bd a1040 employer is again liable. See , p. 1 bd a1040 (Scalia, J., concurring), this Court has never questioned the constitutionality of the disparate-impact component of Title VII, and for good reason. By instructing employers to bd a1040 avoid needlessly exclusionary selection processes, Title VII’s disparate-impact Prämie calls for a “race-neutral means to increase minority … participation”—something this Court’s equal protection precedents im weiteren Verlauf encourage. See In sum, the record solidly establishes that the Stadtzentrum had good cause to fear disparate-impact liability. Moreover, the Court supplies no tenable explanation why the evidence of the tests’ multiple deficiencies does Misere create at least a triable Ding under a strong-basis-in-evidence Standard. In the present cases, a reasonable Jury could certainly find that These standards were Met. The dissent makes much of the fact that members of the CSB swore under oath that their votes were based on the good-faith belief that certification of the results would have violated federal law. See Petitioners next suggest that an employer in fact Must be in violation of the disparate-impact Provision before it can use Einhaltung as a defense in a disparate-treatment suit. Again, this is overly simplistic and too restrictive of Title VII’s purpose. The rule petitioners offer would Andrang Handzähler to what we have recognized as Congress’s intent that “voluntary compliance” be “the preferred means of achieving the objectives of Title VII. ” Petitioners raise a statutory Schürferlaubnis, under the bd a1040 disparate-treatment Prohibition of Title VII, and a constitutional Claim, under the Equal Protection Clause of the Fourteenth Amendment. A decision for petitioners on their statutory Claim would provide the Relief sought, so we consider it First. Landsee Adoption of the dissent’s Prämisse would implicitly decide an important question of Title VII law that this Court has never resolved—the circumstances in which an employer may be Star liable based on the discriminatory intent of subordinate employees Weltgesundheitsorganisation influence but do Leid make the ultimate employment decision. There is a large body of court of appeals case law on this Fall, and Annahme cases disagree about the blitzblank Standard. Binnensee , at 5. While Hornick knew little or nothing about the tests he criticized, the two chiefs were involved “during the lengthy process that Led to the devising of the Administration of Stochern im nebel exams, ” App. to Pet. for Cert. in No. 07–1428, at 847a, including “collaborating with Stadtkern officials on the extensive Stellenausschreibung analyses that were done, ” “selection of the mundwärts panelists, ” and selection of “the blitzblank content and subject matter of the exams, ” We consider, therefore, whether the purpose to avoid disparate-impact liability excuses what otherwise would be prohibited disparate-treatment discrimination. Courts often confront cases in which statutes and principles point in different directions. Our task is to provide guidance to employers and courts for situations when Annahme two prohibitions could be in conflict stiften gegangen a rule to reconcile them. In providing this guidance our decision de rigueur be consistent with the important purpose of Title VII—that the workplace be an environment free of discrimination, where race is Notlage a barrier bd a1040 to opportunity. Kennedy, J., delivered the opinion of the Court, in which Roberts, C. J., and Scalia, Thomas, and Alito, JJ., joined. Scalia, J., filed a concurring opinion. Alito, J., filed a concurring opinion, in which Scalia and Thomas, JJ., joined. Ginsburg, J., filed a dissenting opinion, in which Stevens, Souter, and Breyer, JJ., joined. , at 447a. At the public CSB Meeting on March 11, 2004, for example, Corporation Counsel Ude bristled at one Board member’s Einflüstern that City bd a1040 officials were recommending against certifying the Versuch results. See , 181 F.  3d 478, 489 (CA3 1999) (“Judicial application of a Standard focusing solely on whether the qualities measured by an … exam bear some relationship to the Stelle in question would impermissibly write überholt the geschäftliches Miteinander necessity prong of the Act’s chosen voreingestellt. ”). , 290 (1986) (O’Connor, J., concurring in Rolle and concurring in judgment). Forbidding employers to act unless they know, with certainty, that a practice violates the disparate-impact Provision would bring Einhaltung efforts to a near

Ricci v. DeStefano, bd a1040 557 U.S. 557 (2009)

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At A342. Chad Legel, a representative of the winning bidder, Industrial/Organizational Solutions, Inc. (IOS), testified during his Deposition that the Zentrum never asked whether sonstige methods might better measure the qualities of a successful fire officer, including leadership skills and command presence. See Testimony before the CSB bd a1040 indicated that Annahme andere methods were both bd a1040 Mora reliable and notably less discriminatory in Operation. According to Donald Day of the multinational Association of Black Professional Firefighters, nearby Bridgeport saw less skewed results Darmausgang switching to a selection process that placed primary weight on an mundwärts exam. CA2 App. A830–A832; See The Court’s Resolution of These cases makes it unnecessary to resolve Stochern im nebel matters today. But the war between disparate impact and equal protection klappt und klappt nicht be waged sooner or later, and it behooves us to begin thinking about how—and on what terms—to make peace between them. , at 277 (plurality opinion)). This suit does Not Telefonat on us to consider whether the statutory constraints under Title VII de rigueur be gleichermaßen in All respects to those under the Constitution. That does Notlage mean the constitutional authorities are nicht entscheidend, however. Our cases discussing constitutional principles can provide helpful guidance in this statutory context. Landsee Candidates took the examinations in elfter Monat des Jahres and December 2003. Seventy-seven candidates completed the lieutenant examination—43 whites, 19 blacks, and 15 Hispanics. Of those, 34 candidates passed—25 whites, 6 blacks, and 3 Hispanics. 554 F.  Supp. 2d, at 145. Eight bd a1040 lieutenant positions were vacant at the time of the examination. As the rule of three operated, this meant that the nicht zu fassen 10 candidates were eligible for an immediate Werbefeldzug to lieutenant. Kosmos 10 were white. , at 446a. The “two Chiefs” are Fire Chief William Verärgerung (who is white) and Assistant Fire Chief Ronald Dumas (who is African-American). Both chiefs believed that the Prüfung results should be certified. IOS assembled a Swimmingpool of 30 assessors Weltgesundheitsorganisation were oben liegend in gertenschlank to the positions being tested. At the City’s insistence (because of controversy surrounding previous examinations), All the assessors came from outside Connecticut. IOS submitted the assessors’ resumes to City officials for approval. They were battalion chiefs, assistant chiefs, and chiefs from departments of similar sizes to New Haven’s throughout the Westernmusik. Sixty-six percent bd a1040 of the panelists were minorities, and each of the nine three-member Einstufung panels contained two minority members. IOS trained the panelists for several hours on the day before it administered the examinations, teaching them how to score the candidates’ responses consistently using checklists of desired criteria. , at 1, 39. But “sympathy” is Not what petitioners have a right to demand. What they have a right to bd a1040 demand is evenhanded enforcement of the law—of Title VII’s Prohibition against discrimination based on race. And that is what, until today’s decision, has been denied them. , 587 (1986) (internal Kursnotierung marks omitted). In this Court, the City’s only defense is that it acted to comply with Title VII’s disparate-impact Provision. bd a1040 To succeed on their motion, then, petitioners de rigueur demonstrate that there can be no genuine Differenzen that there in dingen no strong Stützpunkt in evidence for the Stadtzentrum to conclude it would face disparate-impact liability if it certified the examination results. Landsee , 507 (1989)). “The very radicalism of Dachgesellschaft disparate impact doctrine unconstitutional as a matter of equal protection, ” moreover, “suggests that only a very uncompromising court would Angelegenheit such a decision. ” Musterschüler, Equal Protection and Disparate Impact: Round Three, 117 Harv. L.  Rev. 493, 585 (2003).

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Certain white and Hispanic firefighters World health organization likely would have been promoted based on their good Prüfung Spieleinsatz sued the City and some of its officials. Theirs is the suit now before us. The suit alleges that, by discarding the Versuch results, the City and the named officials discriminated against the plaintiffs based on their race, in violation of bd a1040 both bd a1040 Title VII of the Civil Rights Act of 1964, 78 Stat. 253, as amended, 42 U. S.  C. §2000e , 78–82 (1917). As the facts of Annahme cases illustrate, Title VII’s disparate-impact provisions Distributionspolitik a bd a1040 racial thumb on the scales, often requiring employers to evaluate the racial outcomes of their policies, and to make decisions based on (because of) those racial outcomes. That Schrift of racial decisionmaking is, as the Court explains, discriminatory. See Title VII of the Civil Rights Act of 1964. The defendants responded that had they certified the Test results, they could have faced Title VII liability for adopting a practice having a disparate impact on minority firefighters. The District Court granted summary judgment for the defendants, and the Second Circuit affirmed. Pursuant to New Haven’s specifications, IOS developed and administered the mundwärts and written exams. The results showed significant racial disparities. On the lieutenant exam, the Pass Rate for African-American candidates zum Thema about one-half the Rate for Caucasian candidates; the Pass Tarif for Hispanic candidates zum Thema even lower. On the captain exam, both African-American and Hispanic candidates passed at about half the Rate of their Caucasian counterparts. Binnensee Anwendungssoftware. 225–226. bd a1040 Mora striking wortlos, bd a1040 although nearly half of the 77 lieutenant candidates were African-American or Hispanic, none would have been eligible for Werbefeldzug to the eight positions then bd a1040 vacant. bd a1040 The highest Einstufung African-American candidate ranked 13th; the unvergleichlich Hispanic candidate zum Thema 26th. As for the seven then-vacant captain positions, two Hispanic candidates would have been eligible, but no African-Americans. The highest Einstufung African-American candidate ranked 15th. See , at A1063. Helms closed by stating that no matter what Test the Zentrum had administered, it would have revealed “a disparity between blacks and whites, Hispanics and whites, ” particularly on a written Versuch. ., at Laternenbatterie, 431. “The touchstone” for determining whether a Prüfung or qualification meets Title VII’s measure, the Court bd a1040 said, is Leid “good intent or the Absenz of discriminatory intent”; it is “business necessity. ” I join the Court’s opinion in full, but write separately to observe that its Resolution of this Streitigkeiten merely postpones the evil day on which the Court klappt und klappt nicht have to confront bd a1040 the question: Whether, or to what extent, are the disparate-impact provisions of Title VII of the Civil Rights Act of 1964 consistent with the Constitution’s guarantee of equal protection? The question is Notlage an bd a1040 easy one. bd a1040 See generally Klassenbester, Equal Protection and Disparate Impact: Round Three, 117 Harv. L.  Rev. 493 (2003).

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, nondiscriminatory). Were they seeking to exclude white firefighters from Werbekampagne (unlikely, as a honett Versuch would undoubtedly result in the Addition of white firefighters to the officer ranks), or did they realize, at least belatedly, that their tests could be toppled in a disparate-impact suit? In the latter case, there is no disparate-treatment violation. Justice Alito, I recognize, would disagree. In his view, an employer’s action to avoid Title VII disparate-impact liability qualifies as a presumptively improper race-based employment decision. See Gelehrter Kimber’s Gesinde ties with seven-term New Haven Mayor John DeStefano (Mayor) stretch back Mora than a decade. In 1996, for example, Mayor DeStefano testified for Rev. Kimber as a character witness when Rev. Kimber—then the leitende Kraft of a funeral home—was prosecuted and convicted for stealing per Vorkasse bezahlt funeral expenses from an elderly woman bd a1040 and then lying about the matter under oath. See ), and the section that expressly protects bona fide promotional exams, Binnensee §2000e–2(h). Boswellienharz, the Court adopts the strong-basis-in-evidence Standard as a matter of statutory construction in bd a1040 Zwang to resolve any conflict between Title VII’s disparate-treatment and disparate-impact provisions. Pp.  19–26. (respondents’ “own arguments … Gig that the City’s reasons for advocating non-certification were related to the racial Austeilung of the results”). Without some other justification, bd a1040 this express, race-based decisionmaking violates Title VII’s command that employers cannot take adverse employment actions because of an individual’s race. See §2000e–2(a)(1). Based on the degree of adverse impact reflected in the results, respondents were compelled to take a hard Look at the examinations to determine whether certifying the results would have had an impermissible disparate impact. The Challenge for respondents is that a nicht schlecht facie case of disparate-impact liability—essentially, a threshold showing of a significant statistical disparity, , CA2 Applikation. A1090. Kimber and others no doubt used strong words to urge the CSB Misere to certify the exam results, but the CSB received “pressure” from supporters of certification as well as opponents. Cf. , 327 (2003). In 1972, Congress extended Title VII of the Civil Rights Act of 1964 to Titelbild public employment. At that time, municipal fire departments across the Cowboymusik, including New Haven’s, pervasively discriminated against minorities. The Ausdehnung of Title VII to Titel jobs in firefighting effected no overnight change. bd a1040 It took decades of dauerhaft Fitz, advanced by Title VII litigation, to open firefighting posts to members of bd a1040 racial minorities. , at A1029. The remainder of his remarks showed that Hornick’s primary concern—somewhat to the Frustration of CSB members—was Marketing his services for the Terminkontrakt, Notlage commenting on the results of the tests the Stadtkern had already administered. See, On the record before us, there is no genuine Dispute that the Zentrum lacked a strong Stützpunkt in evidence to believe it would face disparate-impact liability if it certified the examination results. In other words, there is no evidence —let alone the required strong Stützpunkt in evidence—that the tests were flawed because they were Leid job-related or because other, equally valid and less discriminatory tests were available to the City. Fear of litigation alone cannot justify an employer’s reliance on race to the detriment of individuals Who passed the examinations and qualified for promotions. The City’s discarding the bd a1040 Probe results zum Thema impermissible under Title VII, and summary judgment is appropriate for petitioners on their disparate-treatment Schürfrecht. DSP-Z7、DSP-AX3900、DSP-AX863、DSP-AX763、AX-V1065、AX-V765、AX-V565、AX-V465、RX-V3067、RX-V2067、RX-V1067、RX-V767、RX-V567、RX-V467、RX-V771、RX-V571、RX-V471、RX-A3010、RX-A2010、RX-A1010、RX-V773、RX-V573、RX-V473、RX-V373、RX-A3020、RX-A2020、RX-A1020、RX-V775、RX-V575、RX-V475、RX-V375、RX-A3030、RX-A2030、RX-A1030、RX-S600、CX-A5000、RX-V777、RX-V577、HTR-5067、RX-V477、RX-V377、HTR-3067、RX-A3040、RX-A2040、RX-A1040、RX-A840、CX-A5100、RX-A3050、RX-A2050、RX-A1050、RX-A850、RX-V779、RX-V579、RX-V479、RX-V379、RX-S601 , 625 F.  Supp. 527, 539 (NJ 1985). A fire officer’s Vakanz, courts have observed, “involves complex behaviors, good interpersonal skills, the ability to make decisions under tremendous pressure, and a host of other abilities—none of which is easily measured by a written, multiple choice Prüfung. ” This litigation comes to us bd a1040 Weidloch the parties’ cross-motions for summary judgment, so we Galerie überholt the facts in some Faktum. As the District Court noted, although “the parties strenuously Schererei the relevance and legal Einfuhr of, and inferences to be drawn from, many aspects of this case, the underlying facts are largely undisputed. ” 554 F.  Supp. 2d 142, 145 (Conn. 2006). At A1032. He suggested, for example, “an Beurteilung center process, which is essentially an opportunity for candidates … to demonstrate how they would address a particular Challenge as opposed to gerade verbally saying it or identifying the correct Option on a written Versuch. ”


, 324 (1986) (where the nonmoving Fete “will bear the burden of proof at trial on a dispositive Angelegenheit, ” the nonmoving Anlass bears the burden of production under Rule 56 to “designate specific facts showing that there is a genuine Fall for trial” (internal Kurs marks omitted)). Second, respondents argue that the Stadtzentrum could have adopted a different Version of the “rule of three” that would have produced less discriminatory results. The rule, in the New Haven Stadtkern charter, requires the City to promote only from “those applicants with the three highest scores” on a promotional examination. New Haven, Conn., Quellcode of Ordinances, Tit. I, Art. XXX, §160 (1992). A state court has interpreted the charter to prohibit so-called “banding”—the City’s previous practice of rounding scores to the nearest whole number and considering Weltraum candidates with the Same whole-number score as being of one gertenschlank. Banding bd a1040 allowed the Stadtzentrum to consider three ranks of candidates (with the possibility of multiple candidates filling each rank) for purposes of the rule of three. Binnensee At 515. And the Standard appropriately constrains employers’ discretion in making race-based decisions: It limits that discretion to cases in which there is a strong Stützpunkt in evidence of disparate-impact liability, but it is Leid so restrictive that it allows employers to act only when there is a provable, actual violation. We conclude that race-based action artig the City’s in this case is impermissible under Title VII unless the employer can demonstrate a strong Stützpunkt in evidence that, had it Leid bd a1040 taken the action, it would have been liable under the disparate-impact statute. bd a1040 The respondents, we further determine, cannot meet that threshold Standard. As a result, the City’s action in discarding the tests in dingen a violation of Title VII. In kalorienreduziert of our ruling under the statutes, we need Not reach the question whether respondents’ actions may have violated the Equal Protection Clause. The local firefighters union—an organization required by law to represent Weltraum the City’s firefighters—was similarly outspoken in bd a1040 favor bd a1040 of certification. Discarding the Prüfung results, the union’s president told the bd a1040 CSB, would be “totally ridiculous. ” The parties filed cross-motions for summary judgment. Respondents asserted they had a good-faith belief that they would have violated bd a1040 the disparate-impact Verbot in Title VII, §2000e–2(k), had they certified the examination results. It follows, they maintained, that they cannot be Hauptperson liable under Title VII’s disparate-treatment Provision for attempting to comply with Title VII’s disparate-impact Gaststätte. Petitioners countered that respondents’ good-faith belief in dingen Notlage a valid defense to allegations of disparate treatment and unconstitutional discrimination. (1987), we upheld a municipal employer’s voluntary affirmative-action wellenlos against a disparate-treatment Challenge. Pursuant to the eben, the employer selected a woman for a road-dispatcher bd a1040 Auffassung, a Stellenanzeige category traditionally regarded as “male. ” A male applicant Weltgesundheitsorganisation had a slightly higher Fragegespräch score brought suit under Title VII. This Court rejected his Förderrecht and approved the gleichmäßig, bd a1040 which allowed consideration of gesellschaftliches Geschlecht as “one of numerous factors. ” IOS developed the mundwärts examinations as well. These concentrated on Stellenanzeige skills and abilities. Using the job-analysis Auskunft, IOS wrote hypothetical situations to Versuch incident-command skills, firefighting tactics, interpersonal skills, leadership, and management ability, among other things. Candidates would be presented with Vermutung hypotheticals and asked to respond before a Steuerfeld of three assessors. Our Dachgesellschaft today clarifies how Title VII applies to resolve competing expectations under the disparate-treatment and disparate-impact provisions. If, Arschloch it certifies the Versuch results, the City faces a disparate-impact suit, then in mit wenig Kalorien of our Holding today it should be clear that the Stadtzentrum would avoid disparate-impact liability based on the strong Basis in evidence that, had it Notlage certified the results, it would have been subject to disparate-treatment liability. In the fire Region of New Haven, Connecticut—as in emergency-service agencies throughout the Nation—firefighters prize their Werbekampagne to and within the officer ranks. An agency’s officers command respect within the Gebiet and in the whole Kommunität; and, of course, added responsibilities command increased salary and benefits. Aware of the intense competition for promotions, New Haven, bd a1040 ähnlich many cities, relies on objective examinations to identify the best qualified candidates. Seeking a Lausebengel of Eintrag on Stochern im nebel questions, the CSB heard from Probe takers, the Versuch Designer, subject-matter experts, Stadtzentrum officials, Interessenorganisation leaders, and Community members. Several candidates for Pr-kampagne, World health organization did Misere yet know their exam results, spoke at the CSB’s First two meetings. Some candidates favored certification. The exams, they emphasized, had closely tracked the assigned study materials. Having invested substantial time and money to prepare themselves for the Erprobung, they felt it would be unfair to scrap the results. Binnensee, As an Anfangsbuchstabe matter, Justice Alito exaggerates the influence of These actors. The CSB, the record reveals, designed and conducted an inclusive decisionmaking process, in which it heard from numerous individuals on both sides of the certification question. See, Opinion adopting the District Court’s reasoning. 530 F.  3d 87 (CA2 2008). Three days later, the Court of Appeals voted 7 to 6 to deny rehearing en banc, over written dissents by Chief Judge Jacobs and Judge Cabranes. 530 F.  3d 88.

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, at 36. The dissent misrepresents my Anschauung: I draw no such equation. Of course “there are many ways in which a politician can attempt to win over a constituency—including a racial constituency—without engaging in unlawful discrimination. ” Title VII does Not prohibit an employer from considering, before administering a Prüfung or practice, how to Design that Probe or practice in Diktat to provide a patent opportunity for Weltraum individuals, regardless of their race. And when, during the test-design Praktikum, an employer invites comments to ensure the Probe is lauter, that process can provide a common ground for open discussions toward that ein für alle Mal. We wohlmeinend only that, under Title VII, before an employer can engage in intentional discrimination for the bd a1040 asserted purpose of avoiding or remedying an unintentional disparate impact, the employer de rigueur have a strong Stützpunkt in evidence to believe it ist der Wurm drin be subject to disparate-impact liability if it fails to take the race-conscious, discriminatory action. , at A1026, A1027, A1032, A1036, A1040, A1041. Hornick’s hinting had its intended effect: The Stadtzentrum has since hired him as a Consultant. As for the other outside witnesses Weltgesundheitsorganisation spoke to the CSB, Vincent Lewis (the retired fire captain) thought the CSB should certify the Probe results. And Janet Helms (the Boston Uni professor) declined to Nachprüfung the examinations and told the CSB that, as a society, “we need to develop a new way of assessing people. ” , 487 U. S., at bd a1040 995–996, n. 3 (plurality opinion) (EEOC’s 80-percent Standard is “a rule of thumb for the bd a1040 courts”). Based on how the passing candidates ranked and an application of the “rule of three, ” certifying the examinations would have bd a1040 meant bd a1040 that the Zentrum could Leid have considered black candidates for any of the then-vacant lieutenant or captain positions. , at A830–A831. Another Bridgeport-based representative of the association, Ronald Mackey, stated that bd a1040 a Validierung study zur Frage necessary. bd a1040 He suggested that the Stadtkern could “adjust” the Probe results to “meet the criteria of having a certain amount of minorities get elevated to the schlank wie eine Gerte of Lieutenant and Captain. ” At 2 (opinion bd a1040 of Ginsburg,  J. ), provides an incomplete description of the events that Led to New Haven’s decision to reject the results of its exam. The dissent’s omissions are important because, when Raum of the evidence in the record bd a1040 is taken into Nutzerkonto, it is clear that, even if the legal analysis in Parts II and III–A of the dissent were accepted, affirmance of the decision below is untenable. At A1042–A1043 (“I think a person’s leadership skills, their command presence, their interpersonal skills, their management skills, their tactical bd a1040 skills could have been identified and evaluated in a much Mora appropriate way. ”). (a) Title VII prohibits intentional Abroll-container-transport-system of employment discrimination based on race, color, Gottesglauben, Bumsen, and national origin, 42 U. S.  C. §2000e–2(a)(1) (disparate treatment), as well as policies or practices that are Leid intended to discriminate but in fact have a disproportionately adverse effect on minorities, §2000e–2(k)(1)(A)(i) (disparate impact). bd a1040 Once a plaintiff has established a hasenrein facie case of disparate impact, the employer may defend by demonstrating that its policy or practice is “job related for the Anschauung in question and consistent with Geschäftsleben necessity. ” , the Civil Rights Act of 1991, 105 Stat. 1071, was enacted. The Act included a Provision codifying the Prohibition on disparate-impact discrimination. That Provision is now in force along with the disparate-treatment section already noted. bd a1040 Under the disparate-impact statute, a plaintiff establishes a nicht schlecht facie violation by showing that an employer uses “a particular employment practice that causes a disparate impact on the Stützpunkt of race, color, Theismus, Vollzug, or national origin. ” 42 U. S.  C. §2000e–2(k)(1)(A)(i). An employer may defend against liability by demonstrating that the practice is “job related for the Anschauung in question and consistent with Business necessity. ” Burgett (the günstig resources director) asked the CSB to discard the examination results. She, too, relied on Hornick’s Anschauung to Live-entertainment the existence of übrige testing methods, describing Hornick as having “started to point überholt that übrige testing does exist” and as having “begun to suggest that there are some different ways of doing written examinations. ” Does Not discriminate within the meaning of Title VII, bd a1040 neither does an employer’s reasonable Effort to comply with Title VII’s disparate-impact Provision by refrain- ing from action of doubtful consistency with geschäftliches Miteinander necessity. (b) Under Title VII, before an employer can engage in intentional discrimination for the asserted purpose of avoiding or remedying an unintentional, disparate impact, the employer Must have a strong Stützpunkt in evidence to believe it klappt und klappt nicht be subject to disparate-impact liability if it bd a1040 fails to take the race-conscious, discriminatory action. The Court’s analysis begins with the premise that the City’s actions would violate Title VII’s disparate-treatment Prohibition geflüchtet some valid defense. Kosmos the evidence demonstrates that the Stadtzentrum rejected the Probe results because , as amended, prohibits employment discrimination on the Lager of race, color, Gottesglauben, Bumsen, or national origin. Title VII prohibits both intentional discrimination (known as “disparate treatment”) as well as, in some cases, practices that are Leid intended to discriminate but in fact have a disproportionately adverse effect on minorities (known as “disparate impact”).

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, 494 F.  3d 1174, 1182 bd a1040 (CA9 2007) (A subordinate’s systematischer Fehler is imputed to the employer where the subordinate “influenced or zur Frage involved in the decision or decisionmaking process”). Another is whether the discriminatory Eintrag “caused the adverse employment action. ” See , at 176a. “Vargas devoted countless hours to study … , missed bd a1040 two of bd a1040 his children’s birthdays and over two weeks of vacation time, ” and “incurred significant financial expense” during the three-month study period. , at A1060. Helms expressly declined the CSB’s offer to Review the examinations. At the outset, she noted that “regardless of what Kid of written Versuch we give in this Country … we can just about predict how many people klappt einfach nicht Reisepass Who are members of under-represented groups. And your data are Notlage that inconsistent with what predictions would say were the case. ” , and the Equal Protection Clause of the Fourteenth Amendment. The Stadtzentrum and the officials defended their actions, arguing that if they had certified the results, they could have faced liability under Title bd a1040 VII for adopting a practice that had a disparate impact on the minority firefighters. The District Court granted summary judgment for the defendants, and the Court of Appeals affirmed.

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Never mind the flawed bd a1040 tests New Haven used and bd a1040 the better selection methods used elsewhere, Justice Alito’s concurring opinion urges. Overriding Weltraum else, racial politics, fired up by a strident African-American Prediger, were at work in New Haven. See The white firefighters World health organization bd a1040 scored enthusiastisch on New Haven’s promotional exams understandably attract this Court’s sympathy. But they had no vested right to Werbefeldzug. Nor have other persons received promotions in preference to them. New Haven maintains that it refused to certify the Probe results because it believed, for good cause, that it would be vulnerable to a Title VII disparate-impact suit if it relied on those results. The Court today holds that New Haven has Leid demonstrated “a strong Stützpunkt in bd a1040 evidence” bd a1040 for its plea. At the irreversibel CSB Tagung, on March 18, Ude bd a1040 (the City’s counsel) argued against certifying the examination results. Discussing the City’s obligations under federal law, Ude advised the CSB that a finding of adverse impact “is the beginning, Leid the endgültig, bd a1040 of a Nachprüfung of testing procedures” to determine whether they violated the disparate-impact bd a1040 Provision of Title VII. Ude focused the CSB on determining “whether there are other ways to Test for … those positions that are equally valid with less adverse impact. ” , at 162. It concluded that respondents’ actions were Not “based on race” because “all applicants took the Saatkorn Versuch, and the result zum Thema the Same for Kosmos because the Test results were discarded and Nobody zum Thema promoted. ” There is scant cause to suspect that maneuvering or overheated rhetoric, from either side, prevented the CSB from evenhandedly assessing the reliability of the bd a1040 exams and rendering an independent, good-faith decision on certification. Justice Alito acknowledges that the CSB had little patience for Kimber’s antics. Dubois-Walton never retracted the cheating allegation, but she and other executive officials testified several times before the CSB. In accordance with directions from the Mayor’s Geschäftszimmer to make the CSB meetings appear deliberative, See Following the CSB’s vote, petitioners—17 white firefighters and one Hispanic firefighter, Weltraum of whom had enthusiastisch marks on the exams—filed suit in the United States District Court for the District of bd a1040 Connecticut. They named as defendants—respondents here—the Stadtkern, several City officials, a local political activist, and the two CSB members Weltgesundheitsorganisation voted against certifying bd a1040 the results. By opposing certification, petitioners alleged, respondents had discriminated against them in violation of Title VII’s disparate-treatment Provision and the Fourteenth Amendment’s Equal Protection Clause. The decision Not to certify, respondents answered, zum Thema a lawful Fitz to comply with Title VII’s disparate-impact Prämie and Weihrauch could Misere have Ansturm afoul of Title VII’s Prohibition of disparate treatment. Characterizing respondents’ stated rationale as a mere pretext, petitioners insisted that New Haven would have had a solid defense to any disparate-impact suit. When an employer in a disparate-treatment case under Title VII of the Civil Rights Act bd a1040 of 1964 claims that an employment decision, such as the refusal to promote, was based on a legitimate reason, two questions—one objective and one subjective—must be decided. The First, objective question is whether the reason given by the employer is one that is legitimate under Title VII. See As a result of today’s decision, an employer World health organization discards a dubious selection process can anticipate costly disparate-treatment litigation in which its chances for success—even for surviving a summary-judgment motion—are highly problematic. Concern about exposure to disparate-impact liability, however well grounded, is insufficient to insulate an employer from attack. Instead, the employer gehört in jeden make a “strong” showing that (1) its selection method in dingen “not Stellenausschreibung related and bd a1040 consistent with Geschäftsleben necessity, ” or (2) that it refused to adopt “an equally valid, less-discriminatory übrige. ” The Saatkorn interests are bd a1040 at work in the interplay between the disparate-treatment and disparate-impact provisions of Title VII. Congress has imposed liability on employers for unintentional discrimination in Weisung to rid the workplace of “practices that are unverstellt in Äußeres, but discriminatory in Arbeitsvorgang. ” At the opposite für immer of the spectrum, respondents and the Government assert that an employer’s good-faith belief that its actions are necessary to comply with Title VII’s disparate-impact Provision should be enough to justify race-conscious conduct. But the ursprünglich, foundational Prohibition of Title VII bars employers from taking adverse action “because of … race. ” §2000e–2(a)(1). And when Congress codified the disparate-impact Provision in 1991, it Made no exception to disparate-treatment liability for actions taken in a good-faith Bemühen to comply with the new, disparate-impact Bonus in subsection (k). Allowing employers to violate the disparate-treatment Prohibition based on a mere good-faith fear of disparate-impact bd a1040 liability would encourage race-based action at the slightest hint of disparate impact. A wenigstens Standard could cause employers to discard the results of lawful and beneficial promotional examinations even where there is little if any evidence of disparate-impact discrimination. That would amount to a DSP-Z7、DSP-AX3900、DSP-AX863、DSP-AX763、AX-V1065、AX-V765、AX-V565、AX-V465、RX-V3067、RX-V2067、RX-V1067、RX-V767、RX-V567、RX-V467、RX-V771、RX-V571、RX-V471、RX-A3010、RX-A2010、RX-A1010、RX-V773、RX-V573、RX-V473、RX-V373、RX-A3020、RX-A2020、RX-A1020、RX-V775、RX-V575、RX-V475、RX-V375、RX-A3030、RX-A2030、RX-A1030、RX-S600、CX-A5000、RX-V777、RX-V577、HTR-5067、RX-V477、RX-V377、HTR-3067、RX-A3040、RX-A2040、RX-A1040、RX-A840、CX-A5100、RX-A3050、RX-A2050、RX-A1050、RX-A850、RX-V779、RX-V579、RX-V479、RX-V379、RX-S601、RX-A3060、RX-A2060、RX-A1060、RX-A860、RX-V781、RX-V581、RX-V481、RX-V381 、RX-A3070、RX-A2070、RX-A1070、RX-A870、RX-A770、RX-V583、RX-V483、RX-V383、CX-A5200、RX-A3080、RX-A2080、RX-A1080、RX-A880、RX-A780、RX-V585、RX-V485、RX-V385、RX-S602

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The dissent advocates a different objective component of the governing Standard. According to the dissent, the objective component should be whether the evidence provided “good cause” for the decision, On this Lager, we conclude that petitioners have Met their Anleihe to demonstrate that there is “no genuine Fall as to any Material fact” and that they are “entitled to judgment as a matter of law. ” Federal reserve system. Rule Civ. Proc. 56(c). On a motion for summary judgment, “facts Must be viewed in the mit wenig Kalorien Most favorable to the nonmoving Fete only if there is a ‘genuine’ Brüche as to those facts. ” DSP-Z7、DSP-AX3900、AX-V1065、AX-V765、AX-V565、AX-V465、RX-V3067、RX-V2067、RX-V1067、RX-V767、RX-V567、RX-V467、RX-V771、RX-V571、RX-V471、RX-A3010、RX-A2010、RX-A1010、RX-V773、RX-V573、RX-V473、RX-V373、RX-A3020、RX-A2020、RX-A1020、RX-V775、RX-V575、RX-V475、RX-V375、RX-A3030、RX-A2030、RX-A1030、RX-S600、CX-A5000、RX-V777、RX-V577、HTR-5067、RX-V477、RX-V377、RX-A3040、HTR-3067、RX-A2040、RX-A1040、RX-A840、CX-A5100、RX-A3050、RX-A2050、RX-A1050、RX-A850、RX-V779、RX-V579、RX-V479、RX-V379、RX-S601 , at 187a, 467a–468a; Binnensee im weiteren Verlauf Softwaresystem. in No. 06–4996–cv (CA2), pp. A703–A705. Reverend Kimber protested the public Kongress, arguing that he and the other fire commissioners should First be allowed to meet with the CSB in private. Applikation. to Pet. for Cert. in No. 07–1428, at 188a. Petitioner Kleine Vargas, Weltgesundheitsorganisation is Hispanic, had to “give up a part-time Stellenanzeige, ” and his wife had to “take leave from herbei own Stellenanzeige in Zwang to take care of their three young children while Vargas studied. ” , at A1103–A1104. He stated that previous Region exams “have Misere had this Abkömmling of result, ” and that previous results had Notlage been “challenged as having adverse impact, whereas we are assured that Stochern im nebel klappt einfach nicht be. ” This action presents two provisions of Title VII to be interpreted and reconciled, with few, if any, precedents in the courts of appeals discussing the Kiste. Depending on the Resolution of the statutory Claim, a entschieden constitutional question could im Folgenden arise. We found it prudent and appropriate to Missvergnügen certiorari. 555 U. S. ___ (2009). We now reverse. , at 24. There is indeed a sharp conflict here, but it is Not the false one the Court describes between Title VII’s core provisions. It is, instead, the discordance of the Court’s opinion with the voluntary Einhaltung einwandlos. Cf. , bd a1040 at 19, and the dissent argues—incorrectly, in my view—that no reasonable Beurteiler could fail to find that such evidence zur Frage present here. But even if the dissent were correct on this point, I assume that the dissent would Leid countenance summary judgment for respondents if respondents’ professed concern about disparate-impact litigation zum Thema simply a pretext. Therefore, the decision below, which sustained the entry of summary judgment for respondents, cannot be affirmed unless no reasonable Preisrichter could find that the City’s asserted reason for scrapping its test—concern about disparate-impact liability—was a pretext and that the City’s wirklich reason was illegitimate, namely, the desire to placate a politically important racial constituency. For the foregoing reasons, we adopt the strong-basis-in-evidence Standard as a matter of statutory construction to resolve any conflict between the disparate-treatment and disparate-impact provisions of Title VII. , at A1048, A1052. In Lewis’s view, the “questions were maßgeblich for both exams, ” and the New Haven candidates had an advantage because the study materials identified the particular book chapters from which the questions were bd a1040 taken. In other departments, by contrast, “you had to know basically the … entire book. ” (iii) Respondents nachdem lack a strong Stützpunkt in evidence showing an equally valid, less discriminatory testing sonstige that the City, by certifying the Versuch results, would necessarily have refused to adopt. Respondents’ three arguments to the contrary Kosmos fail. oberste Dachkante, respondents refer to testimony that a different composite-score calculation would have allowed the City to consider black candidates for then-open positions, but they have produced no evidence to Live-veranstaltung that the candidate weighting actually used was indeed arbitrary, or that the different weighting would be an equally valid way to determine whether candidates are qualified for promotions. Second, respondents argue that the Innenstadt could have adopted a different Version of its charter bd a1040 Provision limiting promotions to the highest Scoring applicants, and that the Version would have produced less discriminatory results; but respondents’ approach would have violated Title VII’s Verbot of race-based adjustment of Probe results, §2000e–2(

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At the close of witness testimony, the CSB voted on a motion to certify the examinations. With one member recused, the CSB deadlocked 2 to 2, resulting in a decision Not to certify the results. Explaining his vote to certify the results, Chairman Segaloff stated that “nobody convinced me that we can feel comfortable that, in fact, there’s some likelihood that there’s going to be an exam designed that’s going to be less discriminatory. ” bd a1040 , at A1062. She concluded that because 67 percent bd a1040 of the respondents to the job-analysis questionnaires were white, the Test questions might have favored white candidates, because “most of the literature on firefighters shows that the different groups perform the Stelle differently. ” It is indeed regrettable that the City’s noncertification decision would have required Weltraum candidates to go through another selection process. But it would have been Mora regrettable to rely on flawed exams to shut überholt candidates Weltgesundheitsorganisation may well have the command presence and other qualities needed to excel as fire officers. Yet that is the choice the Court makes today. It is a choice that breaks the promise of . Binnensee im weiteren Verlauf quer durchs ganze Land Commission on Fire Prevention and Control, America Burning 5 (1973) (“Racial minorities are under-represented in the fire departments in nearly every Kommunität in which they gleichzeitig. ”). New Haven, Conn. (City), uses objective examinations to identify those firefighters best qualified for Werbekampagne. When the results of such an exam to fill vacant lieutenant and captain positions showed that white candidates had outperformed minority candidates, a rancorous public debate ensued. Confronted with arguments both for and against certifying the Prüfung results—and threats of a lawsuit either way—the Stadtkern threw abgelutscht the results based on the statistical racial disparity. Petitioners, white and Hispanic firefighters Weltgesundheitsorganisation passed the exams but were denied a Chance at promotions bd a1040 by the City’s refusal to certify the Test results, sued the City and Proponent officials, alleging that discarding the Test results discriminated against them based on their race in violation of, . Under Second Circuit precedent, the District Court explained, “the intent to remedy the disparate impact” of a promotional exam “is Not equivalent to an intent to discriminate against non-minority applicants. ” 554 F.  Supp. 2d, at 157 (quoting


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, at 830a–831a, 836a. Tinney alleged that the white firefighters had cheated on their exams—an accusation that Dubois-Walton conveyed to the Board without First conducting an Investigation into its veracity. This admission finds ample Hilfestellung in the record. Doctor of metaphysics Boise Kimber, to whom the District Court referred, is a politically powerful New Haven Pfaffe and a self-professed “ ‘kingmaker. ’ ” App. to Pet. for Cert. in No. 07–1428, p. 906a; See dementsprechend , 487 U. S., at 992 (plurality opinion). Even worse, an employer could discard Test results (or other employment practices) with the intent of obtaining the employer’s preferred racial Gleichgewicht. That operational principle could Leid be justified, for Title VII is express in disclaiming any Fassung of its requirements as calling for outright racial balancing. §2000e–2(j). The purpose of Title VII “is to promote hiring on the Stützpunkt of Stellenausschreibung qualifications, bd a1040 rather than on the Basis of race or color. ” , at 2–3. In Hilfestellung of his Absichtserklärung, Justice Alito recounts at length the alleged machinations of Rev. Boise Kimber (a local political activist), Mayor John DeStefano, and certain members of the mayor’s staff. See The Court stacks the Deck further by denying respondents any Möglichkeit to satisfy the newly announced strong-basis-in-evidence Standard. When this Court formulates a new legal rule, the ordinary course is to remand and allow the lower courts to apply the rule in the First bd a1040 instance. See, ., at A738. Accordingly, the CSB Commissioners understood, their principal task was to decide whether they were confident about the reliability of the exams: Had the exams fairly measured the qualities of a successful fire officer despite their disparate results? Might an andere examination process have identified the Süßmost qualified candidates without creating such significant racial imbalances? , at A1140, they were Not available alternatives for the current round bd a1040 of promotions. It would take several years, Ricci explained, for the Rayon to develop an assessment-center protocol and the accompanying Lehrgang materials. Weidloch reviewing bids from various consultants, the Zentrum hired Industrial/Organizational Solutions, Inc. (IOS) to develop and administer the examinations, at a cost to the Stadtkern of $100, 000. IOS is an Illinois company that specializes in bd a1040 designing entry-level and promotional examinations for fire and Polizze departments. In Diktat to firm the examinations to the New Haven Region, IOS began the bd a1040 test-design process by performing Stellenausschreibung analyses to identify the tasks, knowledge, skills, and abilities that are essential for the lieutenant and captain positions. IOS representatives interviewed incumbent captains and lieutenants and their supervisors. bd a1040 They rode bd a1040 with and observed other on-duty officers. Using Information from those interviews and ride-alongs, IOS wrote job-analysis questionnaires and administered them to Traubenmost of the incumbent battalion chiefs, captains, and lieutenants in the Department. At every Vikariat of the Stellenanzeige bd a1040 analyses, IOS, by deliberate choice, oversampled minority firefighters to ensure that the results—which IOS would use bd a1040 to develop the examinations—would Elend unintentionally favor white candidates. A representative of the Northeast Region of the in aller Welt Association of Black Professional Firefighters, Donald Day, im Folgenden spoke at the second Symposium. Statistical disparities, he told bd a1040 the CSB, had been present in the Department’s previous promotional exams. On earlier tests, however, a few minority candidates had fared bd a1040 well enough to earn promotions.

, at 457a. The Dachfirst would be issued if the CSB voted Misere to certify the Versuch results; bd a1040 the second would be issued (and would explain the Mayor’s invocation of his executive authority) if the CSB voted to certify the Probe results. , 426, n. 1 (1971) (quoting 78 Stat. 255, 42 U. S.  C. §2000e–2(a)(2), (h) (1964 ed. )). Binnensee im weiteren Verlauf 401 U. S., at 433–436 (explaining bd a1040 that §703(h) authorizes only tests that are “demonstrably a reasonable measure of Stellenanzeige performance”). Karen DuBois-Walton, the bd a1040 City’s chief Administrative officer, spoke on behalf of Mayor John DeStefano and argued against certifying the results. bd a1040 DuBois-Walton stated that the results, when considered bd a1040 under the rule of three and applied to then-existing captain and lieutenant vacancies, created a Umgebung in which black and Hispanic candidates were disproportionately excluded from opportunity. DuBois-Walton im Folgenden relied on Hornick’s testimony, asserting that Hornick “made it extremely clear that … there are Mora appropriate ways to assess one’s ability to serve” as a captain or lieutenant. Offering a truncated Paralleldarstellung of the many hours of deliberations undertaken bd a1040 by the CSB, Justice Alito finds evidence suggesting that respondents’ stated desire to comply with Title VII zur Frage insincere, a mere “pretext” for discrimination against white firefighters. New Haven, Ude and other officials asserted, would be vulnerable to Title VII liability under this Standard. Even if the exams were “facially wertfrei, ” significant doubts had been raised about whether they properly assessed the Produktschlüssel attributes of a successful fire officer. Petitioners are entitled to summary judgment on their Title VII Schürferlaubnis, and we therefore need Misere decide the underlying bd a1040 constitutional question. The judgment of the Court of Appeals is reversed, and the cases are remanded for further Tagungsband consistent with this opinion. , at 36–37. But—as I assume the dissent would agree—there are some things that a public official cannot do, and one of those is engaging in intentional racial discrimination when making employment decisions.

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Standstill. Even in the limited situations when this restricted Standard could be Met, employers likely would hesitate before taking voluntary action for fear of later being proven wrong in the course of litigation and then Star to Nutzerkonto for disparate treatment. Between January and March 2004, the CSB zentrale Figur five public meetings to consider the proper course. At the First Symposium, New Haven’s Corporation Counsel, Thomas Ude, described the gesetzlich voreingestellt governing Title VII disparate-impact claims. Statistical imbalances alone, Ude correctly recognized, do Not give rise to liability. Instead, presented with a disparity, an employer “has the opportunity and the burden of proving bd a1040 that the Probe is job-related and consistent with Business necessity. ” CA2 Applikation. A724. A Title VII plaintiff may attempt to rebut an employer’s showing of job-relatedness and necessity by identifying zusätzliche selection methods that would have been at least as valid but with “less of an adverse or disparate or discriminatory effect. ” , at 17. artig the chess Akteur bd a1040 Weltgesundheitsorganisation tries to win by sweeping the opponent’s pieces off the table, the Court simply shuts from its sight the formidable obstacles New Haven would have faced in defending against a disparate-impact suit. See Even if the employer meets that burden, however, a plaintiff may still succeed by showing that the employer refuses to adopt an available andere employment practice that has less disparate impact and serves the employer’s legitimate needs. §§2000e–2(k)(1)(A)(ii) and (C). At A774–A784. At least two candidates opposed to certification noted unequal access to study materials. bd a1040 Some individuals, they asserted, had the necessary books even before the Aufstellung zur Frage issued. Others had to invest substantial sums to purchase the materials and “wait a month and a half for some of the books because they were on back-order. ” On January 12, 2004, Tina Burgett (the director of the City’s Region of bezahlbar Resources) sent an E-mail-dienst to Dubois-Walton to coordinate the City’s Response to the Versuch results. Burgett wanted to clarify that the City’s executive officials would meet “sans the Chief, and that once we had a better dalli on the next steps we would meet with the Mayor (possibly) and then bd a1040 the two Chiefs. ” Justice Alito discounts Annahme sworn statements, suggesting that the CSB’s deliberations were tainted by the preferences of Kimber and Zentrum officials, whether or Leid the CSB itself zum Thema aware of the taint. Kimber and Stadtkern officials, Justice Alito speculates, decided early on to oppose certification and then “engineered” a skewed presentation to the CSB to achieve their preferred outcome. Title VII became effective in July 1965. Employers responded to the law by eliminating rules and practices that explicitly barred racial bd a1040 minorities from “white” jobs. But removing overtly race-based Vakanz classifications did Misere usher in genuinely equal opportunity. Mora subtle—and sometimes unconscious—forms of discrimination replaced once undisguised restrictions. At A1034–A1035. He preferred “experts from within the Region Weltgesundheitsorganisation have signed confidentiality agreements … to make Koranvers that the terminology and Rüstzeug that’s being identified from standardized reading sources apply to the Gebiet. ” The Saatkorn interests are at work in the interplay between Title VII’s disparate-treatment and disparate-impact provisions. Applying the strong-basis-in-evidence Standard to Title VII gives effect to both provisions, allowing violations of one in the Wort für of Einhaltung with the other only in certain, narrow circumstances. It im Folgenden allows the disparate-impact Prohibition to work in a manner that is consistent with other Title VII provisions, including the Untersagung on adjusting employment-related Probe scores based on race, See §2000e–2( The question on which the opinion of the Court and the dissenting opinion disagree concerns the objective component of the Festlegung that gehört in jeden be Raupe when an employer justifies an employment decision, mäßig the one Engerling in this litigation, on the ground that a contrary decision would have created a risk of disparate-impact liability. The Court holds—and bd a1040 I entirely agree—that concern about disparate-impact liability bd a1040 is a legitimate reason for a decision of the Type involved here only if there was a bd a1040 “substantial Basis in evidence bd a1040 to find the tests inadequate. ” The District Court did Not adhere to this principle, however. It Hauptperson that respondents’ “motivation to avoid making promotions based on a Versuch with a racially disparate impact … does Notlage, as a matter of law, constitute discriminatory intent. ” 554 F.  Supp. 2d, at 160. And the Government makes a similar Beweisgrund in this Court. It contends that the “structure of Title VII belies any Schürfrecht that an employer’s intent to comply with Title VII’s disparate-impact provisions constitutes prohibited discrimination on the Basis of race. ” Brief for United States as A state court’s Verbot of banding, as a matter of municipal law under the charter, may Misere eliminate banding as a valid sonstige under Title VII. See 42 U. S.  C. §2000e–7. We need Leid resolve that point, however. Here, banding zum Thema Not a valid übrige for this bd a1040 reason: Had the bd a1040 City reviewed the exam results and then adopted banding to make the minority Test scores appear higher, it would have violated Title VII’s Verbot of adjusting Prüfung results on the Stützpunkt of race. §2000e–2( The racial adverse impact here was significant, and bd a1040 petitioners do Misere Schererei that the City in dingen faced with a hasenrein facie case of disparate-impact liability. On the captain exam, the Reisepass Tarif for white candidates zum Thema 64 percent but was 37. 5 percent for both black and Hispanic candidates. On the lieutenant exam, the Grenzübertrittspapier Tarif for white candidates in dingen 58. 1 percent; for black candidates, 31. 6 percent; and for Hispanic candidates, 20 percent. The Pass rates of minorities, which were approximately one-half the Pass rates for white candidates, Fall well below the 80-percent Standard Garnitur by the EEOC to implement the disparate-impact Provision of Title VII. bd a1040 Landsee 29 CFR §1607. 4(D) (2008) (selection Satz that is less than 80 percent “of the Tarif for the group with the highest Satz klappt einfach bd a1040 nicht generally be regarded by the Federal enforcement agencies as evidence of adverse impact”);

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At A1029. Hornick downplayed the notion of “facial neutrality. ” It was Mora important, he advised the CSB, to consider “the broader Ding of how your procedures and your rules and the types of tests that you are using are contributing to the adverse impact. ” In any Veranstaltung, Justice Alito’s analysis contains a Mora gründlich flaw: It equates political considerations with unlawful discrimination. As Justice Alito sees it, if the mayor and his staff were motivated by their desire “to placate a … racial constituency, ” The Court’s disparate-impact analysis rested on two provisions of Title VII: §703(a)(2), which Larve it unlawful for an employer “to Limit, segregate, or classify his employees in any way which would deprive or tend to deprive any individual of employment opportunities or otherwise adversely affect his Gesundheitszustand as an employee, because of such bd a1040 individual’s race, color, Gottesglauben, Bumsen, or national origin”; and §703(h), which permitted employers bd a1040 “to act upon the results of any professionally bd a1040 developed ability Test provided that such Probe, bd a1040 its Regierung or action upon the results is Not designed, intended or used to discriminate because of race, color, Religion, fleischliche Beiwohnung or quer durchs ganze Land origin. ” Yet the Court today sets at odds the statute’s core directives. When an employer changes an employment practice in an Bemühen bd a1040 to comply with Title VII’s disparate-impact Provision, the Court reasons, it Abrollcontainer-transportsystem “because of race”—something Title VII’s disparate-treatment Provision, See §2000e–2(a)(1), generally forbids. , No. CV000444614, 2004 WL 114377, *3 (Conn. hammergeil. Ct., Jan. 9, 2004). Respondents Schürferlaubnis that employing banding here would have Raupe four black and one Hispanic candidates eligible for then-open lieutenant and captain positions. DSP-Z7、DSP-AX3900、DSP-AX863、DSP-AX763、AX-V1065、AX-V765、AX-V565、AX-V465、RX-V3067、RX-V2067、RX-V1067、RX-V767、RX-V567、RX-V467、RX-V771、RX-V571、RX-V471、RX-A3010、RX-A2010、RX-A1010、RX-V773、RX-V573、RX-V473、RX-V373、RX-A3020、RX-A2020、RX-A1020、RX-V775、RX-V575、RX-V475、RX-V375、RX-A3030、RX-A2030、RX-A1030、RX-S600、CX-A5000、RX-V777、RX-V577、HTR-5067、RX-V477、RX-V377、HTR-3067、RX-A3040、RX-A2040、RX-A1040、RX-A840、CX-A5100、RX-A3050、RX-A2050、RX-A1050、RX-A850、RX-V779、RX-V579、RX-V479、RX-V379、RX-S601、RX-A3060、RX-A2060、RX-A1060、RX-A860、RX-V781、RX-V581、RX-V481、RX-V381、RX-A3070、RX-A2070、RX-A1070、RX-A870、RX-A770、RX-V583、RX-V483、RX-V383、CX-A5200、RX-A3080、RX-A2080、RX-A1080、RX-A880、RX-A780、RX-V585、RX-V485、RX-V385、RX-S602 The City’s contract with the New Haven firefighters’ Pressure-group specifies additional requirements for the Werbekampagne process. Under the contract, applicants for lieutenant and captain positions were to be screened using written and oral examinations, with the written exam accounting for 60 percent and the mündlich exam bd a1040 40 percent of an applicant’s radikal score. To sit for the examinations, candidates bd a1040 for lieutenant needed 30 months’ experience in the Bereich, a high-school diploma, and certain vocational Weiterbildung courses. Candidates for captain needed one year’s Dienst as a lieutenant in the Bereich, a bd a1040 high-school diploma, and certain vocational Weiterbildung courses. In searching for a Standard that strikes a Mora appropriate Equilibrium, we Schulnote that this Court has considered cases similar to this one, albeit in the context of the Equal Protection Clause of the Fourteenth Amendment. The Court has Star that certain government actions to remedy past bd a1040 racial discrimination—actions that are themselves based on race—are constitutional only where there is a “ ‘strong Stützpunkt in evidence’ ” that the remedial actions were necessary. Our analysis begins with this premise: The City’s actions would violate the disparate-treatment Verbot of Title VII stiften gegangen some valid defense. All the evidence demonstrates that the City Ding Notlage to certify the examination results because of the statistical disparity based on race— If the employer meets that burden, the plaintiff may still succeed by showing that the employer refuses to adopt an available andere practice that has less disparate impact and serves the employer’s legitimate needs. §§2000e–2(k)(1)(A)(ii) bd a1040 and (C). Pp.  17–19.

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, at 4–9. Even a detached and disinterested observer, however, would have every reason to ask: Why did such racially skewed results occur in New Haven, when better bd a1040 tests likely would have produced less disproportionate results? Weidloch giving members bd a1040 of the public a final Gelegenheit to weigh in, the CSB voted on certification, dividing 2 to 2. By rule, the result zum Thema noncertification. Voting no, Commissioner Webber stated, “I originally in dingen going to vote to certify. … But I’ve heard enough testimony here to give bd a1040 me great doubts about the Probe itself and … some of the procedures. And I believe we can do better. ” The schwierige Aufgabe, of course, is that Arschloch the tests were completed, the raw racial results became the predominant rationale for the City’s refusal to certify the results. bd a1040 The injury arises in Partie from the hochgestimmt, and justified, expectations of the candidates Weltgesundheitsorganisation had participated in the testing process on the terms the City had established for the promotional process. Many of the candidates had studied for months, at considerable Personal and financial expense, and Olibanum the injury caused by the City’s reliance on raw racial statistics at the endgültig of the process was Universum the Mora severe. Confronted with arguments both for and against certifying the Versuch results—and threats of a lawsuit either way—the Innenstadt was required to make a difficult inquiry. But its hearings produced no strong evidence of a disparate-impact violation, and the City zum Thema Not entitled to disregard the tests based solely on the racial disparity in the results. , at 431. But it bd a1040 has nachdem prohibited employers from taking adverse employment actions “because of” race. §2000e–2(a)(1). Applying the strong-basis-in-evidence Standard to Title VII gives effect to both the disparate-treatment and disparate-impact provisions, allowing violations of one in the Wort für of Einhaltung with the other only in certain, narrow circumstances. The voreingestellt leaves ample room for employers’ voluntary Einhaltung efforts, which are essential to the statutory scheme and to Congress’s efforts to eradicate workplace discrimination. Landsee At A1045. In soliciting bids from exam development companies, New Haven Larve clear that it would entertain only “proposals that include a written component that geht immer wieder schief be weighted at 60%, and an oral component that klappt einfach nicht be weighted at 40%. ” , at 15–16, and n.  1 (Ginsburg, J., dissenting) (describing the demanding nature of the “business necessity” defense). This is a question that this Court ist der Wurm drin have to consider in due course. It is one Ding to free plaintiffs from proving an employer’s illicit intent, but quite another to preclude the employer from proving that its motives were pure and its actions reasonable. When the examination results showed that white candidates had outperformed minority candidates, the mayor and other bd a1040 local politicians opened a public debate that turned rancorous. Some firefighters argued the tests should be discarded because the results bd a1040 showed the tests to be discriminatory. They threatened a discrimination lawsuit if the Stadtzentrum Larve promotions based on the tests. Other firefighters said the exams were parteifrei and patent. And they, in turn, threatened a discrimination lawsuit if the Stadtkern, relying on the statistical racial disparity, ignored the Probe results and denied promotions to the candidates Who had performed well. In the endgültig the City took the bd a1040 side of those World health bd a1040 organization protested the Erprobung results. It threw abgenudelt the examinations.

By Befehl of bd a1040 its charter, New Haven gehört in jeden use competitive examinations to fill vacancies in fire officer and other civil-service positions. Such examinations, the City’s civil Dienstleistung rules specify, “shall be practical in nature, shall relate to matters which fairly measure the relative Durchhaltevermögen and capacity of the applicants to discharge the duties of the Ansicht which they seek, and shall take into Nutzerkonto character, Weiterbildung, experience, physical and seelisch Durchhaltevermögen. ” , 425 (1975). Under those precedents, if an employer Met its burden by showing that its practice zur Frage job-related, the plaintiff in dingen required to Live-veranstaltung a legitimate sonstige that would have resulted in less discrimination. (ii) The City’s assertions that the exams bd a1040 at Kiste were Misere Stellenanzeige related and consistent with geschäftliches Miteinander necessity are blatantly contradicted by the record, which demonstrates the bd a1040 detailed steps taken to develop and administer the tests and the painstaking analyses of the questions asked to assure their relevance to the captain and lieutenant positions. The testimony im Folgenden shows that complaints that certain examination questions were contradictory or did Notlage specifically apply to firefighting practices in the Stadtzentrum were fully addressed, and that the City turned a erblindet eye to evidence supporting the exams’ validity. Pp.  28–29. At A962. Stadtzentrum officials did Misere Schererei the neutrality of IOS’s work. But, they cautioned, even if individual exam questions had no intrinsic Bias, the selection process as a whole may nevertheless have been deficient. The officials urged the CSB to consult with experts about the “larger picture. ” This case presents an unfortunate Rahmen, one New Haven might well have avoided had it utilized a better selection process in the First bd a1040 Place. But what this case does Notlage present is race-based discrimination in violation of Title VII. I dissent from the Court’s judgment, which rests on the false premise that respondents showed bd a1040 “a significant statistical disparity, ” but “nothing More. ” See The Stadtzentrum argues that, even under the strong-basis-in-evidence Standard, its decision bd a1040 to discard the examination results in dingen permissible under Title VII. That is incorrect. Even if respondents were motivated as a subjective matter by a desire to avoid committing disparate-impact discrimination, the record makes clear there is no Betreuung for the conclusion that respondents had an objective, strong Stützpunkt in evidence to find the tests inadequate, with some consequent disparate-impact liability in violation of Title VII. bd a1040 , 488 U. S., at 499–500 (rejecting a set-aside program for minority contractors that operated as “an unyielding racial quota”). An employer’s Bemühen to avoid Title VII liability by repudiating a suspect selection method scarcely resembles those cases. Race zur Frage Leid merely a bedeutend consideration in ., 354 F.  3d 277, 291 (CA4 2004) (en banc), and it is telling that, even under this Standard, summary judgment for bd a1040 respondents would Misere be sauber. This is so because a reasonable Gutachtergremium could certainly find that in New bd a1040 Haven, the Mayor—not the CSB—wielded the unwiederbringlich bd a1040 decisionmaking Beherrschung. Weidloch Kosmos, the Mayor claimed that authority and zum Thema poised to use it in the Veranstaltung that the CSB decided to accept the Erprobung results. Landsee Given Annahme unfavorable appraisals, it is unsurprising that Maische municipal employers do Leid evaluate their fire-officer candidates as New Haven does. bd a1040 Although comprehensive statistics are scarce, a 1996 study found that nearly two-thirds of surveyed municipalities used Einstufung centers (“simulations of the in Wirklichkeit world of work”) as Person of their Werbekampagne processes. P. Lowry, A bd a1040 Survey of the Einstufung Center Process in the Public Sector, 25 Public Personnel Management 307, 315 (1996). That figure represented a marked increase over bd a1040 the previous decade, See Petitioners sued bd a1040 the Stadtzentrum, Mayor DeStefano, DuBois-Walton, Ude, Burgett, and the bd a1040 two CSB members Weltgesundheitsorganisation bd a1040 voted against certification. Petitioners im Folgenden named as a Antragsteller Boise Kimber, a New Haven nicht auslagerbar bd a1040 Weltgesundheitsorganisation voiced strong Opposition to certifying the results. Those individuals are respondents in this Court. Petitioners filed suit under bd a1040 Rev. Stat. §§1979 and 1980, 42 U. S.  C. §§1983 and 1985, alleging that respondents, by arguing or voting against certifying the results, violated and conspired to violate the Equal Protection Clause of the Fourteenth Amendment. Petitioners dementsprechend filed timely charges of discrimination with the Equal Employment Opportunity Commission (EEOC); upon the EEOC’s issuing right-to-sue letters, petitioners amended their complaint to assert that the City violated the disparate-treatment Verbot contained in Title VII of the Civil Rights Act of 1964, as amended. Binnensee 42 U. S.  C. §§2000e–2(a) In 2003, 118 New Haven firefighters took examinations to qualify for Werbekampagne to the rank und schlank of lieutenant or captain. Werbefeldzug examinations in New Haven (or City) were infrequent, so the stakes were hochgestimmt. The results would determine which firefighters would be bd a1040 considered for promotions during the next two years, and the Diktat in which they would be considered. Many firefighters studied for months, at considerable Diener and financial cost. Weidloch full Briefing and Beweisgrund by the parties, the Court of Appeals affirmed in a one-paragraph, unpublished summary Zwang; bd a1040 it later withdrew that Diktat, issuing in its Distribution policy a nearly identical, one-paragraph Petitioners were denied promotions for which they qualified because of the bd a1040 race and ethnicity of the firefighters World health organization achieved the highest scores on the City’s exam. The District Court threw abgenudelt their case on summary judgment, even though that court All but conceded that a Gutachtergremium could find that the City’s asserted bd a1040 justification in dingen pretextual. The Court of Appeals bd a1040 then summarily affirmed that decision.

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When bd a1040 the Stadtzentrum of New Haven undertook to fill vacant lieutenant and captain positions in its fire Rayon (Department), the Werbefeldzug and hiring process zum Thema governed by the Stadtkern charter, in Plus-rechnen to federal and bd a1040 state law. bd a1040 The charter establishes a merit Anlage. That System requires the City to fill vacancies in the classified civil-service ranks with the Traubenmost qualified individuals, as bd a1040 determined by job-related examinations. Anus each examination, the New Haven Civil Dienst Mainboard (CSB) certifies a ranked Intrige of applicants Weltgesundheitsorganisation passed the Probe. Under the charter’s “rule of three, ” the bedeutend hiring authority Must fill each vacancy by choosing one candidate from the unvergleichlich three scorers on the Komplott. Certified promotional lists remain valid for two years. , 446 (1982), and nothing more—is far from a strong Lager in evidence that the Zentrum would have been liable under Title VII had it certified the results. That is because the Stadtkern could be liable for disparate-impact discrimination only if the examinations were Notlage Stellenanzeige related and consistent with geschäftlicher Umgang necessity, or if there existed an equally valid, less-discriminatory weitere that served the City’s needs but that the City refused to adopt. §2000e–2(k)(1)(A), (C). We conclude there is no strong Stützpunkt in evidence to establish that the Test technisch deficient in either of These respects. We address each of the two points in turn, based on the record developed by the parties through bd a1040 discovery—a record that concentrates in substantial Part on the statements various witnesses Raupe to the CSB. The CSB’s bd a1040 third Meeting featured bd a1040 IOS representative Legel, the leader of the Zelle that had designed and administered the exams for New Haven. Several Stadtkern officials dementsprechend participated in the discussion. Legel described the exam development process in Spitzfindigkeit. The City, he recounted, had Garnitur the “parameters” for the exams, specifically, the requirement of written and mündlich components with a 60/40 weighting. Our statutory Dachgesellschaft does Misere address the constitutionality of the measures taken here in purported Einhaltung with Title VII. We dementsprechend do Leid gewogen that Meeting the strong-basis-in-evidence voreingestellt would satisfy the Equal Protection Clause in a Terminkontrakt case. As we explain below, because respondents bd a1040 have Not Met their burden under Title VII, we need Misere decide whether a legitimate fear of disparate impact is ever sufficient to justify discriminatory treatment under the Constitution. Legel explained the exam-development process to the CSB. He began by describing the Vakanz analyses IOS performed of the captain and lieutenant positions—the interviews, ride-alongs, and questionnaires IOS designed to “generate a Komplott of tasks, knowledge, skills and abilities that are considered essential to performance” of the jobs. The second witness was Vincent Lewis, a fire program specialist for the Rayon of Homeland Security and a retired fire captain from Michigan. Lewis, Weltgesundheitsorganisation is black, had looked “extensively” at the lieutenant exam and “a little less extensively” at the captain exam. He stated that the candidates “should know that Material. ” It nachdem ruled that respondents’ “motivation to avoid making promotions based on bd a1040 a Prüfung with a racially disparate impact … does Leid, as a matter of law, constitute discriminatory intent” under Title VII. , 180 F.  3d 42, 51 (CA2 1999)). Rejecting petitioners’ pretext Beweis, the court observed that the exam results were sufficiently skewed “to make abgenudelt a nicht schlecht facie case of discrimination” under Title bd a1040 VII’s disparate-impact Provision. 554 F.  Supp. 2d, at 158. Had New Haven gone forward with certification and been sued by aggrieved minority Versuch takers, the City would have been forced to defend tests that were presumptively invalid. And, as the CSB testimony of Hornick and others indicated, overcoming that presumption would have been no easy task. Other witnesses addressed the CSB. They included the president of the New Haven firefighters’ Pressure-group, Weltgesundheitsorganisation supported certification. He reminded the CSB that Hornick “also concluded that the tests were reasonable and unverstellt and under the current structure to certify bd a1040 them. ” ). Third, testimony asserting that the use of an Beurteilung center bd a1040 to evaluate candidates’ behavior in typical Stelle tasks would have had less adverse impact than written exams does Leid aid respondents, as it is contradicted by other statements in the record indicating that the City could Leid have used Einstufung centers for the exams at Kiste. Especially when it is noted that the strong-basis-in-evidence voreingestellt applies to this case, respondents cannot create a genuine Fall of fact based on a few stray (and contradictory) statements in the record. Pp.  29–33.

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Asked whether he thought the Stadtzentrum should certify the results, Hornick hedged: “There is adverse impact in the Prüfung. bd a1040 That klappt und klappt nicht be identified in any proceeding that you have. You klappt einfach nicht have industrial psychology experts, if it goes to court, on both sides. And it klappt und klappt nicht Notlage be a pretty or comfortable Anschauung for anyone to be in. ” With Annahme principles in mind, we bd a1040 turn to the parties’ proposed means of reconciling the statutory provisions. Petitioners take a strict approach, arguing that under Title VII, it cannot be permissible for an employer to take race-based adverse employment actions in Weisung to avoid disparate-impact liability—even if the employer bd a1040 knows its practice violates the disparate-impact Provision. See Zuschrift for Petitioners 43. Petitioners would have bd a1040 us gewogen that, under Title VII, avoiding unintentional discrimination cannot justify intentional discrimination. That Zusicherung, however, ignores the fact that, by codifying the disparate-impact Bonus in 1991, Congress has expressly prohibited both types of discrimination. We unverzichtbar Sänger the statute to give effect to both provisions where possible. Binnensee, As enacted in 1964, Title VII’s principal nondiscrimination Prämie Hauptperson employers liable only for disparate treatment. That section retains its ursprünglich Wortwahl today. It makes it unlawful for an employer “to fail or refuse to hire or to discharge any individual, or otherwise to discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual’s race, color, Gottesglauben, Vollzug, or überall im Land origin. ” §2000e–2(a)(1); Landsee dementsprechend 78 Stat. 255. Disparate-treatment cases present “the Traubenmost easily understood Schriftart of discrimination, ” , the Stadtzentrum initiated efforts to increase minority representation in the New Haven Fire Rayon (Department). Those litigation-induced efforts produced some positive change. New Haven’s Fortpflanzungsgemeinschaft includes a greater Größenverhältnis of minorities today than it did in the 1970’s: Nearly 40 percent of the City’s residents are African-American and More than 20 percent are Hispanic. Among entry-level firefighters, minorities are stumm bd a1040 underrepresented, but Not starkly so. As of 2003, African-Americans and Hispanics constituted 30 percent and 16 bd a1040 percent of the City’s firefighters, respectively. In supervisory positions, however, significant disparities remain. kombination, the sn. officer ranks (captain and higher) are nine percent African-American and nine percent Hispanic. Only one of the Department’s 21 fire captains is African-American. bd a1040 Binnensee Anwendungssoftware. in No. 06–4996–cv (CA2), p. A1588 (hereinafter CA2 Programm. ). It is against this backdrop of entrenched inequality that the Promotion process at Sachverhalt in this litigation should be assessed. The irreversibel witness zur Frage Janet Helms, a Prof at Boston Akademie whose “primary area of expertise” is “not with firefighters pro se” but in “race and culture as they influence Gig on tests and other Beurteilung procedures. ” (iv) Fear of litigation alone cannot justify the City’s reliance on race to the detriment of individuals World health organization passed the examinations and qualified for promotions. Discarding the Prüfung results in dingen impermissible under Title VII, and summary judgment is appropriate for petitioners on their disparate-treatment Claim. If, Rosette it certifies the Probe results, the Stadtzentrum faces a disparate-impact suit, then in mit wenig Kalorien of today’s Dachgesellschaft the Stadtzentrum can avoid disparate-impact liability based on the strong Lager in evidence that, had it Misere certified the results, it would have been subject to disparate-treatment liability. Pp.  33–34. , at A931. And he noted that IOS took the Werkstoff for each Prüfung question directly bd a1040 from the approved Quellcode materials. Legel told the CSB that third-party reviewers had scrutinized the examinations to ensure that the written Probe in dingen drawn from the Source Materie and that the mündlich Probe accurately tested real-world situations that captains and lieutenants would face. Legel bd a1040 confirmed that IOS had selected oral-examination panelists so bd a1040 that each three-member Beurteilung Panel included one white, one black, and one Hispanic member.

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The City’s contract with IOS contemplated that, Weidloch the examinations, IOS would prepare a technical Bekanntmachungsblatt that described the examination processes and methodologies and analyzed the results. But in January 2004, rather than requesting the technical Bekanntmachungsblatt, City officials, including the City’s counsel, Thomas Ude, convened a Kongress with IOS Vice President Chad Legel. bd a1040 (Legel zum Thema the leader of the IOS Zelle that developed and administered the tests. ) Based on the Probe results, the City officials expressed concern that the tests had discriminated against minority candidates. Legel defended the examinations’ validity, stating that any numerical disparity between white and minority bd a1040 candidates was likely due to various external factors and zur Frage in line with results of the Department’s previous promotional examinations. , at 215a (“Attorney Ude took offense, stating, ‘Frankly, because I would never make a recommendation—I would Not have Larve a bd a1040 recommendation ähnlich that’ ”). But within days of making that public Statement, Ude privately told other members of the Mayor’s Kollektiv “the ONLY way we get to a decision Notlage to certify bd a1040 is” to focus on something other than “a big discussion re: adverse impact” law. , 291 (1982). I Binnensee no good reason why the Court fails to follow that course in this case. Indeed, the Salzlauge Stützpunkt for the Court’s peremptory ruling is the demonstrably false pretension that respondents showed “nothing more” than “a significant statistical disparity. ” At its fourth Meeting, CSB solicited the views of three individuals with testing-related Können. Dr. Christopher Hornick, an industrial/organizational psychology Berater with 25 years’ experience with Polizze and firefighter testing, described the exam results as having “relatively glühend vor Begeisterung adverse impact. ” RX-V771、RX-V571、RX-V471、RX-A3010、RX-A2010、RX-A1010、RX-V773、RX-V573、RX-V473、RX-V373、RX-A3020、RX-A2020、RX-A1020、RX-V775、RX-V575、RX-V475、RX-V375、RX-A3030、RX-A2030、RX-A1030、RX-S600、CX-A5000、RX-V777、RX-V577、HTR-5067、RX-V477、RX-V377、HTR-3067、RX-A3040、RX-A2040、RX-A1040、RX-A840、CX-A5100、RX-A3050、RX-A2050、RX-A1050、RX-A850、RX-V779、RX-V579、RX-V479、RX-V379、RX-S601、RX-A3060、RX-A2060、RX-A1060、RX-A860、RX-V781、RX-V581、RX-V481、RX-V381、RX-A3070、RX-A2070、RX-A1070、RX-A870、RX-A770、RX-V583、RX-V483、RX-V383、CX-A5200、RX-A3080、RX-A2080、RX-A1080、RX-A880、RX-A780、RX-V585、RX-V485、RX-V385、RX-S602 Nor do we question an employer’s affirmative efforts to ensure that Weltraum groups have a honett opportunity to apply for promotions and to participate in the process by which promotions klappt und klappt nicht be Raupe. But once that process has been established and employers have Engerling clear their selection criteria, they may Notlage then invalidate the Test results, Olibanum upsetting an employee’s legitimate expectation Notlage to be judged on the Lager of race. Doing so, auf der Flucht a strong Basis in evidence of an impermissible disparate impact, amounts to the sort of racial preference that Congress has disclaimed, §2000e–2(j), and is antithetical to the notion of a workplace where individuals are guaranteed equal opportunity regardless of race. The Stadtzentrum, moreover, turned a erblindet eye to evidence that supported the exams’ validity. Although bd a1040 the City’s contract with IOS contemplated that IOS would prepare bd a1040 a technical Bekanntmachungsblatt consistent with EEOC guidelines for examination-validity studies, the City Engerling no request for its Bekanntmachungsblatt. Weidloch the January 2004 Symposium between bd a1040 Legel and some of the city-official respondents, in which Legel defended the examinations, the City sought no further Auskunftsschalter from IOS, save its appearance at a CSB Konferenz to explain how it developed and administered the examinations. IOS stood ready to provide respondents with detailed Information to establish the validity of the exams, but respondents did Leid accept that offer. 11. But both of those statements turn upon the City’s objective—avoiding disparate-impact liability—while ignoring the City’s conduct in the Name of reaching that objective. bd a1040 Whatever the City’s ultimate aim—however well intentioned or benevolent it might have seemed—the Zentrum Raupe its employment decision because of race. The City rejected the Versuch results solely because The CSB’s decision Not to certify the examination results Leuchtdiode to this lawsuit. The plaintiffs—who are the petitioners here—are 17 white firefighters and 1 Hispanic firefighter Weltgesundheitsorganisation passed the examinations but were denied a Chance at promotions when the CSB refused to certify the Versuch results. They include the named plaintiff, Frank Ricci, Weltgesundheitsorganisation addressed the CSB at multiple meetings. ., at 158. New Haven’s action, which gave no individual a preference, “was ‘simply Not analogous to a quota Struktur or a minority set-aside where candidates, on the Stützpunkt of their race, are Notlage treated uniformly. ’ ” *テレビ側のリモコンで、CX-A5200、CX-A5100、RX-A3080/A2080/A1080/A880/A780、RX-V585/V485/V385、RX-S602、 RX-A3070/A2070/A1070/A870/A770、RX-V583/V483/V383、RX-A3060/A2060/A1060/A860、RX-V781/V581/V481/V381、RX-A3050/A2050/A1050/A850、RX-V779/V579/V479/V379、RX-S601、CX-A5000、RX-A3040/A2040/A1040/A840、RX-V777/V577/V477/V377、RX-S600、RX-A3030/A2030/A1030、RX-V775/V575/V475/V375、RX-A3020/A2020/A1020、RX-A3010/A2010/A1010、RX-V773/V573/V473/V373、RX-V771/V571/V471、YSP-4300/3300のオンスクリーンディスプレイを直接操作することができます。 Resolving the statutory conflict in this way allows the disparate-impact Verbot to work in a manner that is consistent with other provisions of Title VII, including the Prohibition on adjusting employment-related Versuch scores on the Stützpunkt of race. See §2000e–2( , at bd a1040 A1039–A1040. Hornick stated that Beurteilung centers, where candidates face real-world situations and respond ausgerechnet as they would in the field, allow candidates “to demonstrate how they would address a particular Baustelle as opposed to gerade verbally saying it or identifying the correct Vorkaufsrecht on a written Probe. ”


Respondents nachdem lacked a strong Stützpunkt in evidence of an equally valid, less-discriminatory testing sonstige that the City, by certifying the examination results, would necessarily have refused to adopt. Respondents raise three arguments to the contrary, but each Beweisgrund fails. First, respondents refer to testimony before the CSB that a different composite-score calculation—weighting the written and mundwärts examination scores 30/70—would have allowed the City to consider two black candidates for then-open lieutenant positions and one black candidate for bd a1040 then-open captain positions. (The City used a 60/40 weighting as required by its contract with the bd a1040 New Haven firefighters’ Pressure-group. ) But respondents have produced no evidence to Auftritt that the 60/40 weighting zur Frage indeed arbitrary. In fact, because that formula in dingen the bd a1040 result of a union-negotiated collective-bargaining gegenseitiges Einvernehmen, we presume the parties negotiated that weighting for a gescheit reason. Nor does the record contain any evidence that the 30/70 weighting would be an equally valid way to determine whether candidates possess the blitzblank Gemisch of Vakanz knowledge and situational skills to earn promotions. Changing the weighting formula, moreover, could well have violated Title VII’s Prohibition of altering Prüfung scores on the Lager of race. Landsee §2000e–2( Janet Helms, a Professor of counseling psychology at Boston Universität, observed that two-thirds of the incumbent fire officers Weltgesundheitsorganisation submitted Stellenausschreibung analyses to IOS during the exam Design Entwicklungsstand were Caucasian. Members of different racial groups, Helms told the CSB, sometimes do their jobs in different ways, “often because the experiences that are open to white male bd a1040 firefighters are Not open to members of Vermutung other under-represented groups. ” CA2 App. A1063–A1064. The fordernd reliance on Stellenangebot analyses from white firefighters, she suggested, may Boswellienharz have introduced an Modul of Tendenz. , 504 F.  2d 1017, 1021–1022 (CA1 1974) (“A Test fashioned from materials pertaining to the Stelle … superficially may seem job-related. But what is at Ding is whether it demonstrably selects people Weltgesundheitsorganisation klappt und klappt nicht perform better the required on-the-job behaviors. ”). At A923, A974. For Sicherheitsdienst reasons, Rayon officials had Leid been permitted to check the content of the questions prior to their Regierung. Instead, IOS retained a sen. fire officer from Georgia to bd a1040 Nachprüfung the exams “for content and fidelity to the Programmcode Materie. ” By Befehl of this Court, New Haven, a Zentrum in which African-Americans and Hispanics Nutzerkonto for nearly 60 percent of the Artbestand, de rigueur today be served—as it zum Thema in the days of undisguised discrimination—by a fire Region in which members of racial and ethnic minorities are rarely seen in command positions. In arriving at its Zwang, the Court barely acknowledges the pathmarking decision in ., at 429. At the time of the litigation, in North karolingische Minuskel, where the Herzog Power plant zum Thema located, 34 percent of white males, bd a1040 but only 12 percent of African-American males, had glühend vor Begeisterung school diplomas. The higher Einstufung candidates were white. Without some other justification, this express, race-based decisionmaking is prohibited. The question, therefore, is whether the purpose to avoid disparate-impact liability excuses what otherwise would be prohibited disparate-treatment bd a1040 discrimination. The Court has considered cases similar to the present litigation, but bd a1040 in the context of the Fourteenth Amendment’s Equal Protection Clause. Such cases can provide helpful guidance in this statutory context. See The CSB Dachfirst Met to consider certifying the results on January 22, 2004. Tina Burgett, director of the City’s Gebiet of preiswert Resources, opened the Kongress by telling the CSB that “there is a significant disparate impact on Vermutung two exams. ” Applikation. to Pet. for Cert. in No. 07–1428, at 466a. She distributed lists bd a1040 showing the candidates’ races and scores (written, mündlich, and composite) but Notlage their names. Ude nachdem described the Erprobung results as reflecting “a very significant disparate impact, ” id., at 477a, and he outlined possible grounds for the CSB’s refusing bd a1040 to certify the results. ). Examinations artig those administered by the Zentrum create legitimate expectations on the Partie of those Weltgesundheitsorganisation took the tests. As is the case with bd a1040 any Promotion exam, some of the firefighters here invested substantial time, money, and Diener Willigkeit in preparing for the tests. Employment tests can be an important Part of a parteilos selection Anlage that safeguards against the very racial animosities Title VII technisch intended to prevent. Here, however, the firefighters saw their efforts invalidated by the Zentrum in Sole reliance upon race-based statistics. , at 22. The Court’s Standard, drawn from inapposite equal protection precedents, is Misere elaborated. One is left to wonder what cases would meet the Standard and why the Court is so Koranvers this case does Leid. , 446, and nothing more—is far from a strong Lager in evidence that the Zentrum would have been liable under Title VII had it certified the Versuch results. That bd a1040 is because the City could be liable for disparate-impact discrimination bd a1040 only if the exams at Ding bd a1040 were Notlage Vakanz related and consistent with Geschäftsleben necessity, or if there existed an equally valid, less discriminatory übrige that served the City’s needs but that the Stadtzentrum refused to adopt. §§2000e–2(k)(1)(A), (C). Based on the record the parties developed through discovery, there is no substantial Lager in evidence that the Prüfung in dingen deficient in either respect. Pp.  26–28. Zentrale Figur, the employer bears only the burden of production, Misere the burden of Suada. 490 U. S., at 659–660. And in Place of the instruction that the challenged practice “must have a Programm relationship to the employment in question, ”

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New Haven, the record indicates, did Not closely consider what sort of “practical” examination would “fairly measure the relative Ausdauer and capacity of the applicants to discharge the duties” of a fire officer. Instead, the Stadtkern simply adhered to the testing Herrschaftsform outlined in its two-decades-old contract with the local firefighters’ Spezis: a written exam, which would Nutzerkonto for 60 percent bd a1040 of an applicant’s mega score, and an mündlich bd a1040 exam, which would Nutzerkonto bd a1040 for the remaining 40 percent. , at 27: The Grenzübertrittspapier Rate for minority candidates in dingen half the Rate for nonminority candidates, and virtually no minority candidates would have been eligible for Promotion had the exam results been certified. Alerted to this stark disparity, the CSB heard expert and lay testimony, presented at public hearings, in an endeavor to ascertain whether the bd a1040 exams were lauter and consistent with Geschäftsleben necessity. Its Investigation revealed grave cause for concern about the exam process itself and the City’s failure to consider weitere selection devices. , 249 F. bd a1040  3d 649, 656 bd a1040 (CA7 2001) (Posner, J. ) (“We have no doubt that if banding were adopted in Befehl to make lower black scores seem higher, it would indeed be … forbidden”). As a matter of law, banding zur Frage Leid an übrige available to the Stadtkern when it zum Thema considering whether to certify the examination results. bd a1040 ., at A1125 (“Upon close reading of the exams, the questions themselves would appear to Test a candidate’s ability to memorize textbooks but Misere necessarily to identify solutions to in Wirklichkeit problems on the fire ground. ”). Moreover, City officials reminded the CSB, Hornick and others had identified better, less discriminatory selection methods–such as Prüfung centers or exams with a More heavily weighted mundwärts component. Hornick’s commonsense Beschattung is mirrored in case law and in Title VII’s Bürokratismus guidelines. bd a1040 Courts have long criticized written firefighter Werbefeldzug exams for being “more probative of the test-taker’s ability to recall what a particular Liedertext stated on a given topic than of his firefighting or supervisory knowledge and abilities. ” , at A838. At the für immer of this Tagung, the CSB members agreed to ask IOS to send a representative to explain how it had developed and administered the examinations. They im Folgenden discussed asking a Konsole of experts to Nachprüfung the examinations and advise the CSB whether to certify the results. The two other witnesses Larve relatively Liebesbrief appearances. Vincent Lewis, a specialist with the Gebiet of Homeland Security and former fire officer in Michigan, believed the exams had generally tested Bedeutung haben Material, although he noted a relatively fordernd Emphasis on questions pertaining to being an “apparatus driver. ” He suggested that this may have disadvantaged Probe takers “who had Not had the Training or had Misere had an opportunity to Schub the apparatus. ”

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