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Wonder if that NY district court ruling will stand up under appeal? It appears quite inconsistent with the Supreme Court standard of Griggs v. Duke Power http://legal-dictionary.thefreedictionary.com/Disparate+Impact. Disparate impact and disparate treatment had always been treated by courts in the past irrespective of the positive intent of the parties, to my recollection. Otherwise, they would have to be mind-readers to make a ruling. In my experience as a testifying expert, judges prefer measurable facts about demonstrable observations over subjective opinions about personal thoughts. But this is a legal matter and that means anything can (and will) happen, especially if it affects the separate but related doctrine of systemic discrimination http://www.eeoc.gov/eeoc/systemic/index.cfm .

Regardless, your caveats are right on target, Stephanie!

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