Saturday, April 17, 2010
I think this is my favorite paragraph I've ever written in a law school paper
As the above-cited examples indicate, the idea that knowing that an employment action will have a negative impact on a group of people sharing a trait and taking that action anyway equates a intent is not one the Supreme Court had expressed before this. This new definition of "intent" as applied to disparate impact could serve to revolutionize disparate impact law should it be widely held as part of the holding of Ricci. That said, this point was ignored entirely by the media in the wake of Ricci and has not appeared in any law review article or other secondary source currently available on Lexis-Nexis or Westlaw, so it does not appear to be the prevailing view of the upshot of Kennedy’s choice of wording.