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For Immediate Release: June 29, 2009
Contact: Adrienne Ammerman or Mary Robbins, 202-588-5180
NWLC: DEEPLY DISAPPOINTED BY RULING IN RICCI
Calls on the Administration to issue guidance to employers to ensure fair exams
(Washington, DC) The following is a statement from Marcia D. Greenberger, Co-President of the National Women’s Law Center (NWLC), on the Supreme Court’s ruling today in Ricci v. DeStefano:
“The Supreme Court’s 5-4 ruling today in Ricci v. DeStefano is deeply disappointing and again demonstrates the Court’s disregard for the realities of the workplace. Yet again, five Justices have issued an opinion that sets back the cause of equal employment opportunity, making it more difficult for women and minorities to compete fairly to secure jobs.
“The Court today crafted a new standard that represents a significant change in the law and that will dramatically affect women’s and minorities’ employment opportunities. When women and minorities are given short shrift, their pay, benefits and retirement security suffer, and so do they and their families.
“Too often job tests for hiring and promotions are unfair. Sometimes they reflect an employer’s intent to exclude minorities or women, and sometimes they are inadvertently just bad tests. But whatever the reasons underlying the unfairness, it is vital that employers are able to take the steps necessary to ensure that their tests are valid. The goal is fair tests, and the Court erected needless roadblocks in the way of employers trying to reach that goal.
“The Court’s decision today tells only half the story. As Justice Ginsburg emphasized in the beginning of her opinion, ‘context matters.’ Women’s entry into nontraditional occupations such as firefighting, police work or construction was made possible in large part by challenges to a variety of recruitment, hiring, and promotion practices that adversely affected women – challenges brought under the ‘disparate impact’ theory of discrimination – that likely would have otherwise remained unchanged.
“But while today’s ruling diminishes employers’ ability to comply with anti-discrimination law, it does leave the door open for employers to act responsibly. As the Court recognized, employers are still obligated to take steps to remove both intentional discrimination and unjustified practices that adversely impact individuals based on their sex, race, national origin or religion. We call on the Obama Administration to issue guidance for employers on how to ensure that they offer fair promotional and job entry exams.”
NWLC filed an amicus brief in the case, which is available here: http://nwlc.org/pdf/NWLC-Partnership%20Ricci%20Brief%20Final.pdf.
For more information or to interview Marcia D. Greenberger, please contact Adrienne Ammerman or Mary Robbins at 202-588-5180.
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