Getting Down to Business: ‘New Haven 20’ Ruling Has Implications For Employers

Many unanswered questions remain in the wake of the Supreme Court’s 5-4 ruling in favor of white firefighters who sued New Haven Mayor John DeStefano Jr. and the city over promotional exams.  According to the New Haven Register, legal experts say that this case creates “implications for both public and private employers.” 

In this case, the City of New Haven “decided not to certify exam results when it became apparent only one Hispanic and no African Americans would be eligible for promotion.”  The Register article goes on to add that the high court’s ruling sends a mixed message to businesses. 

Daniel Tarlow, a Prince Lobel partner with more than 20 years experience in the field of employment law and litigation, states, “It definitely does not give employers a definitive yardstick. It creates a murky standard.

“Reading between the lines, I think the Supreme Court is signaling disfavor with disparate impact theory. The difficulty with disparate impact theory is that even if you do all the right things, there is a question of the mechanism itself. Is there a second element that could have been included (in addition to an exam) so there would be less of an impact?”

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