Ricci v. Destefano — Scalia, J., Concurring

Summary

The Court addressed whether rejecting employment test results based on their disparate racial impacts constitutes prohibited race discrimination under Title VII’s disparate-treatment provision. It held that employers are permitted to discard test results only if they have a strong basis in evidence to believe that the tests would expose them to disparate-impact liability. In this case, the Court determined that New Haven lacked such a basis and reversed summary judgment for the City.