Legal Commentary

Irony: SCOTUS' Ricci Decision Hurts Businesses

By Big Tent Democrat

The Volokh Conspiracy's Ilya Somin makes a good point about today's Ricci decision:

The bottom line is that the business interests were among the big losers [in Ricci.] The Court's ruling makes it difficult for employers to use race-conscious measures to avoid disparate impact liability under Title VII of the Civil Rights Act. . . . Although Ricci addressed promotion decisions by a government employer, the same Title VII standards apply to private employers too.

Below, I post about Arkansas AG Dustin McDaniel making the point that Ricci is damaging to government employers. Somin points out that it is also damaging to private employers. So on top of all the other serious flaws in the decision, add the fact that it hurts businesses to the list.

Speaking for me only

Full post as published by TalkLeft on June 29, 2009 (boomark / email).