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North Hudson Regional Fire & Rescue v. NAACP

Linked with City of New Haven v. Briscoe (11-1024)
Certiorari Denied

Petition for certiorari denied on June 11, 2012.

Docket No.11-1247
Op. Below3d Cir.

Issue

(1) Whether the strong-basis-in-evidence standard established in Ricci v. DeStefano provides a safe-haven defense to an employer"s use of a residency requirement which causes a disparate impact to African Americans, when elimination of the residency requirement creates a strong basis in evidence of disparate treatment liability to Hispanics; and (2) whether, where residency requirements in largely African-American jurisdictions are required by the federal government, the decision below, which struck down the residency requirement in a predominantly Hispanic jurisdiction, unlawfully elevates the importance of a disparate impact claim by African-Americans over a disparate treatment claim by Hispanics under Title VII.

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