In a 5-4 decision, the United States Supreme Court in Ricci v. DeStefano offered little in the way of practical guidance to employers walking the fine line of race-neutral hiring and employment practices, but provided no shortage of controversy for pundits and commentators. Not only did the five-justice majority side with plaintiffs, a group of predominantly white firefighters, in this contentious, high-profile reverse discrimination lawsuit, they also criticized and overturned a Second Circuit Court of Appeals panel which included Supreme Court nominee Sonia Sotomayor. Setting aside the political implications of its decision, the Court addressed an issue of first impression in the civil rights framework by resolving an open conflict between competing anti-discrimination provisions of Title VII of the Civil Rights Act of 1964 (“Title VII”).

For a copy of EAPD’s complete advisory on this decision, please click here.