Kirkland v. New York State Department of Correctional Services | |
---|---|
![]() | |
Court | United States Court of Appeals for the Second Circuit |
Full case name | Edward L. Kirkland, et al v. New York State Department of Correctional Services, et al |
Argued | Feb. 3, 1983 |
Decided | June 8, 1983 |
Citation(s) | 711 F.2d 1117 (2d Cir. 1983) 32 Fair Empl.Prac.Cas. (BNA) 509 32 Empl. Prac. Dec. P 33,666 |
Court membership | |
Judge(s) sitting | Wilfred Feinberg, Joseph Edward Lumbard, Amalya Lyle Kearse |
Case opinions | |
Majority | Lumbard, joined by Feinberg, Kearse |
Laws applied | |
Title VII of the Civil Rights Act of 1964 |
In Kirkland v. New York State Department of Correctional Services, 711 F.2d 1117 (2d Cir. 1983), [1] the Second Circuit affirmed the district court's approval of a settlement that determined promotional order based partly on exam results and partly on race-normed adjustments to the exam, after minority employees made a prima facie showing that the test had an adverse impact on minorities. The Court of Appeals noted that "voluntary compliance is a preferred means of achieving Title VII's goal of eliminating employment discrimination,", [2] and that requiring a full hearing on the test's job-validity before approving a settlement "would seriously undermine Title VII's preference for voluntary compliance and is not warranted,". [3] Thus, "a showing of a prima facie case of employment discrimination through a statistical demonstration of disproportionate racial impact constitutes a sufficiently serious claim of discrimination to serve as a predicate for a voluntary compromise containing race-conscious remedies." [4]
The case was cited in the District Court opinion for Ricci v. DeStefano , which was decided by the Supreme Court on June 29, 2009. [5]
The Equal Pay Act of 1963 is a United States labor law amending the Fair Labor Standards Act, aimed at abolishing wage disparity based on sex. It was signed into law on June 10, 1963, by John F. Kennedy as part of his New Frontier Program. In passing the bill, Congress stated that sex discrimination:
Griggs v. Duke Power Co., 401 U.S. 424 (1971), was a court case argued before the Supreme Court of the United States on December 14, 1970. It concerned employment discrimination and the disparate impact theory, and was decided on March 8, 1971. It is generally considered the first case of its type.
Disparate impact in the law of the United States refers to practices in employment, housing, and other areas that adversely affect one group of people of a protected characteristic more than another, even though rules applied by employers or landlords are formally neutral. Although the protected classes vary by statute, most federal civil rights laws consider race, color, religion, national origin, and sex to be protected characteristics, and some laws include disability status and other traits as well.
The Revised Philadelphia Plan, often called the Philadelphia Plan, required government contractors in Philadelphia to hire minority workers, under the authority of Executive Order 11246. Declared illegal in 1968, a revised version was successfully defended by the Nixon administration and its allies in Congress against those who saw it as an illegal quota program. US Department of Labor Assistant Secretary for Wage and Labor Standards Arthur Fletcher implemented the plan in 1969 based on an earlier plan developed in 1967 by the Office of Federal Contract Compliance and the Philadelphia Federal Executive Board. The plan required federal contractors to meet certain goals for the hiring of minority employees by specific dates in order to combat institutionalized discrimination on the part of specific skilled building trades unions. The plan was quickly extended to other cities.
United Steelworkers of America v. Weber, 443 U.S. 193 (1979), was a case regarding affirmative action in which the United States Supreme Court held that Title VII of the Civil Rights Act of 1964, which prohibits racial discrimination by private employers, does not condemn all private, voluntary, race-conscious affirmative action plans. The Court's decision reversed lower courts' rulings in favor of Brian Weber whose lawsuit beginning in 1974 challenged his employer's hiring practices.
McDonnell Douglas Corp. v. Green, 411 U.S. 792 (1973), is a US employment law case by the United States Supreme Court regarding the burdens and nature of proof in proving a Title VII case and the order in which plaintiffs and defendants present proof. It was the seminal case in the McDonnell Douglas burden-shifting framework.
A Doe subpoena is a subpoena that seeks the identity of an unknown defendant to a lawsuit. Most jurisdictions permit a plaintiff who does not yet know a defendant's identity to file suit against John Doe and then use the tools of the discovery process to seek the defendant's true name. A Doe subpoena is often served on an online service provider or ISP for the purpose of identifying the author of an anonymous post.
Ricci v. DeStefano, 557 U.S. 557 (2009), is a United States labor law case of the United States Supreme Court on unlawful discrimination through disparate impact under the Civil Rights Act of 1964.
Watson v. Fort Worth Bank & Trust, 487 U.S. 977 (1988), is a United States Supreme Court case on United States labor law, concerning proof of disparate treatment under the Civil Rights Act of 1964.
In Hayden v. County of Nassau, 180 F.3d 42, the Second Circuit affirmed the district court's dismissal of a suit brought by White and Latino police officers alleging violations of the Equal Protection Clause and Title VII of the Civil Rights Act of 1964.
Bushey v. New York State Civil Serv. Comm'n, 733 F.2d 220, 224 is a US labor law case from the Second Circuit applying the test for affirmative action from United Steelworkers v. Weber.
St. Mary's Honor Center v. Hicks, 509 U.S. 502 (1993), was a US labor law case before the United States Supreme Court on the burden of proof and the relevance of intent for race discrimination.
In United States employment discrimination law, McDonnell Douglas burden-shifting or the McDonnell-Douglas burden-shifting framework refers to the procedure for adjudicating a motion for summary judgement under a Title VII disparate treatment claim, in particular a "private, non-class action challenging employment discrimination", that lacks direct evidence of discrimination. It was introduced by the United States Supreme Court in McDonnell Douglas v. Green and Texas Dept. of Community Affairs v. Burdine and has been elaborated on in subsequent cases.
Texas Department of Community Affairs v. Burdine, 450 U.S. 248 (1981), is a United States labor law case of the United States Supreme Court.
Disparate treatment is one kind of unlawful discrimination in US labor law. In the United States, it means unequal behavior toward someone because of a protected characteristic under Title VII of the United States Civil Rights Act. This contrasts with disparate impact, where an employer applies a neutral rule that treats everyone equally in form, but has a disadvantageous effect on some people of a protected characteristic compared to others.
In United States law, City of Richmond v. J.A. Croson Co. (1989) established the basic principle that a governmental actor must provide a strong basis in evidence for its conclusion that remedial action is necessary.
Hazelwood School District v. United States, 433 U.S. 299 (1977), was a court case argued before the United States Supreme Court on April 27, 1977. It concerned employment discrimination and was decided on June 27, 1977.
Bundy v. Jackson, 641 F.2d 934, was a D.C. Circuit opinion, written by Judge Skelly Wright, that held that workplace sexual harassment could constitute employment discrimination under the Civil Rights Act of 1964.
Johnson v. Transportation Agency, 480 U.S. 616 (1987), is the only United States Supreme Court case to address a sex-based affirmative action plan in the employment context. The case was brought by Paul Johnson, a male Santa Clara Transportation Agency employee, who was passed over for a promotion in favor of Diane Joyce, a female employee who Johnson argued was less qualified. The Court found that the plan did not violate the protection against discrimination on the basis of sex in Title VII of the Civil Rights Act of 1964.
Muldrow v. City of St. Louis, Missouri is a pending United States Supreme Court case regarding Title VII of the Civil Rights Act of 1964 and whether its protections apply to job transfers, even where the transfer did not result in a "significant disadvantage."