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In differential geometry, the Ricci flow (/ ˈ r iː tʃ i /, Italian: [ˈ r i t tʃ i]) is an intrinsic geometric flow. It is a process that deforms the metric of a.

DeStefanoU. Twenty white city firefighters at the New Ricci case Fire Department [1] ricci case discrimination under Title VII of the Civil Rights Act of after they had ricci case the test for promotions to management positions and ricci case city declined to promote them. New Haven officials invalidated the test results because none big money wheel casino the black firefighters ricci case took it scored high enough to be considered for the positions.

City officials said that they feared a lawsuit over the test's disproportionate exclusion of certain racial groups from promotion under " disparate impact " head of liability. The Supreme Court held 5—4 that New Haven's decision to ignore the test results violated Title VII because the city did not have a "strong basis in evidence" that it would have american roulette call bets itself to disparate impact liability if it had promoted the white and Hispanic firefighters instead of the black firefighters.

Because the plaintiffs won under their Title VII claim, the Court did not consider the plaintiffs' argument that New Rock casino 87105 violated the constitutional right to equal protection. To fill the open positions, it needed to administer civil service examinations.

The examinations consisted of two parts: Ricci case final selection would be governed by a provision in the City Charter referred to as ricci case "Rule of Three", click at this page mandated that a civil source position be filled from among the three individuals with the highest scores on the exam.

When the results came back, the pass rate for black candidates was approximately half that of the corresponding rate for white candidates: Ricci and nineteen other white test takers, including one More info, all of whom would have qualified for consideration for the promotions, sued the city including Mayor John Ricci case, Jr. The lead plaintiff was Frank Ricci, who had been a firefighter at the New Haven station for 11 years. Ricci gave up a second job to make time to ricci case for the test.

Ricci also made flashcards, took practice tests, worked with a study group, and participated in mock interviews. He placed 6th among 77 people who took the lieutenant's test; [8] thus, under the "Rule of Three", Ricci would have been eligible for promotion. Ben Vargas, the lone Hispanic petitioner, was allegedly attacked by unknown ricci case assailants in Humphrey's East Restaurant in and had to be hospitalized afterward.

He has since said that he believes the attack was orchestrated by ricci case black firefighters in retribution for filing the legal case; his account is vigorously disputed by some critics. Vargas quit the Hispanic firefighters' association, whose members include his brother, after the group declined to ricci case his legal case. In addition to Ricci and Vargas, other firefighters were equally involved and were named plaintiffs: The press dubbed the group the 'New Haven Among casa legnano idea things, the suit alleged that, by discarding the test results, the City and the named ricci case discriminated against ricci case plaintiffs based on their race, in violation of both Title VII of the Civil Rights Act of78 Stat.

The City ricci case the officials defended their actions, arguing that if they had certified the results, they could have faced liability under Title VII for adopting a practice that буду mit blackjack следующий a disparate impact on the minority firefighters.

Judge Janet Bond Arterton in the federal district court ruled for the city, granting its motion for ricci case judgment. Supreme Court vigorously questioned the attorneys in the case, and repeatedly discussed whether the city had a right to attempt to reformulate its test if it was afraid that the original test was discriminatory or that it would result in litigation. After a judge on the Second Circuit ricci case that the court hear the case en banchowever, the panel withdrew its summary order.

On June 9, it issued instead a unanimous per curiam opinion. It characterized the trial court's ricci case as ricci case, thoughtful and well-reasoned" while also lamenting that there were "no good alternatives" in the case. The panel expressed sympathy with the plaintiffs' situation, particularly Ricci's, but ultimately concluded that the Civil Service Board was acting to "fulfill its obligations under Title VII [of the Civil Rights Act].

A petition for a rehearing en banc was denied on June 12, by a vote ricci case The Ricci case Court check this out certiorari and heard oral arguments on April 22, It said the city failed to establish any "genuine dispute that the examinations were job-related and consistent with business necessity.

The Supreme Court upheld the fairness and ricci case of the examinations that IOS developed and administered. IOS is an Illinois company that specializes in designing entry-level examinations and promotional examinations for fire and police departments ; and other public safety and corporate organizations.

The Court cited examples of how the IOS test designcriteria, and methodology included: With that information, IOS produced a test that reduced adverse impact to the protected class.

The process that IOS used to design their test for the job analyses portion included interviews of incumbent captains and lieutenants and their supervisors, and ride-along observations of other on-duty officers. Using that information, IOS wrote job-analysis questionnaires and administered them to mansion south africa casino of ricci case incumbent battalion chiefs, captainsand lieutenants in the Department.

Kennedy J continued, "At every stage of the job analysis, Sands casino pa, by deliberate choice, over-sampled minority firefighters to ensure that the results which IOS would use to develop the examinations—would not intentionally favor white candidates.

Kennedy J included in the Opinion the following procedures IOS used to develop the written examinations to measure the candidates' job-related knowledge. Then, using the approved ricci case, IOS drafted a question multiple-choice test written below a 10th-grade reading level. The City then opened a 3-month study period in which it gave candidates a list that identified the source material or references list for the questions, including the specific chapters from which the questions were taken.

IOS also developed the this web page examinations that concentrated on job skills and ricci case. Using the job-analysis information, IOS wrote hypothetical situations to test incident-command skills, firefighting tactics, interpersonal skillsleadershipand management ability, among other things.

Candidates were then asked these hypotheticals and had to respond to a panel of three assessors. At the City's insistence because of controversy surrounding previous examinationsall the assessors came from outside Connecticut.

They were battalion chiefs, assistant chiefs, and fire chiefs from departments of similar sizes to New Haven's throughout the country. Sixty-six percent of the panelists were minorities, and each of the nine three-member assessment panels ricci case two minority ricci case. They received training on ricci case to score the candidates' responses consistently using checklists of desired criteria.

Section II-A reiterated the doctrines underlying a disparate-treatment claim. First, Kennedy rejected arguments that the City did not discriminate. It engaged in "express, race-based decisionmaking" i. The District Court was wrong to argue that respondents' "motivation to avoid making promotions based on a test with a racially disparate impact Second, Kennedy examined the statutory framework barriere deauville casino Title VII, to determine whether Title VII's proscription of disparate ricci case [24] is afforded any lawful justifications in the disparate impact provision that it seems to conflict with.

Looking to analogous Equal Protection cases, [25] he reached the statutory construction that, in instances of conflict between the disparate-treatment and disparate-impact provisions, permissible justifications for disparate treatment must be grounded in the strong-basis-in-evidence standard.

He concluded that "once [a] process has been established and employers have made clear their selection criteria, they may not then invalidate the test results, thus upsetting an employee's legitimate expectation not to be judged on the basis ricci case race. Next, Kennedy inquired whether the city's justifications for its disparate-treatment discrimination met this strong basis in evidence standard. He concluded that they did not: Fear of litigation entertainment hollywood casino cannot ricci case an employer's reliance on race to the ricci case of individuals who passed the examinations and qualified for promotions.

The test results produced ricci case racial adverse impact, and confronted the City with a prima facie case of disparate-impact liability. That compelled them to "take ricci case hard look at the examinations" to determine whether certifying the results would have had an impermissible disparate impact. That is because the City could be liable for disparate-impact discrimination only if the examinations ricci case not job related and consistent with business necessity, or if there existed an equally valid, less-discriminatory alternative that served the City's needs but that the City refused to adopt.

The record in this litigation documents a process that, at the outset, had the potential to produce a testing procedure that was true to the promise of Title VII: No individual should face workplace discrimination based ricci case race. Respondents thought about promotion qualifications and relevant ricci case in neutral this web page. They were careful to ensure broad racial participation in the ricci case of the test itself and its administration.

As we have discussed at length, the process was open and fair. The problem, of course, is that after the tests were completed, the raw racial results became the predominant rationale for the City's refusal to certify the results. Ricci case injury arises in part from the high, and justified, expectations of the candidates who had participated in the testing process on the terms the City had established for the promotional process.

Many ricci case the candidates had studied for months, at considerable personal and financial expense, and thus the injury caused by the Ricci case reliance on raw racial statistics at the end of the process was all the more severe. But its hearings produced no ricci case evidence of a disparate-impact violation, and the City was not entitled to disregard the tests based solely on the racial disparity in the results. Our holding today clarifies how Title VII applies to resolve competing expectations under the disparate-treatment and disparate-impact provisions.

If, after it certifies the test results, the City faces a disparate-impact suit, then in light of our holding today it should be clear that the City would avoid disparate-impact liability based on the strong basis in evidence that, had it not certified the results, it would have been subject to disparate-treatment liability. Justice Scalia held the Court declined to clarify the conflict between Title VII's disparate-impact provisions and the Constitution's guarantee of equal protection.

Specifically, although the Court clarified that the disparate-treatment provisions forbid ricci case race-based actions when a disparate-impact violation would not otherwise result, "it is clear that Title VII not only permits but affirmatively requires such [remedial race-based] actions" when such a violation ricci case result.

In the latter situations, Title VII's disparate-impact provisions "place a racial thumb on the scales, often requiring employers to evaluate the racial outcomes of their policies, and to make decisions based on ricci case of those racial outcomes. Ginsburg, joined by Stevens, Souter and Breyer, dissented.

They would have held that New Haven was entitled to refrain from promoting the white firefighters, and its concern ricci case being open to litigation - whether or not accurate - was legitimate.

New Haven maintains that it refused to certify the test results because it believed, for good cause, that it would be vulnerable to a Title VII disparate-impact suit if it relied on those results. The Court similarly novomatic online casino lizenzen to acknowledge ricci case better tests used in other cities, which have yielded less racially skewed outcomes.

By order of this Court, New Haven, a city in which African-Americans and Hispanics account for nearly 60 percent of the population, must today be served—as it was in the days of undisguised discrimination—by a fire department in which members of racial and ethnic minorities are rarely seen in command positions. In arriving at its order, the Court barely acknowledges the pathmarking decision in Griggs v. Among entry-level firefighters, minorities are still underrepresented, but not starkly so.

In supervisory positions, however, significant disparities remain. Overall, the senior officer ranks captain and higher are nine percent African-American and nine percent Hispanic. A hereinafter CA2 App. It is against this backdrop of entrenched inequality that the promotion process at issue in this litigation should be assessed. The results showed significant racial disparities. On the lieutenant exam, the pass rate ricci case African-American candidates was about one-half the rate for Caucasian candidates; the pass rate for Hispanic candidates was even lower.

On the captain exam, both African-American and Hispanic candidates passed at about half the rate of their Caucasian counterparts. More striking still, although nearly half of the 77 lieutenant candidates were African-American or Hispanic, none http://typo3cms.info/swiss-las-vegas-casino-basel.php have been eligible for promotion to the eight positions then vacant.

The highest scoring African-American candidate ranked 13th; the top Hispanic candidate was 26th. As for the seven then-vacant captain positions, am to i addicted gambling Hispanic candidates would have been eligible, but no African-Americans.

The highest scoring African-American candidate ranked 15th. Statistical imbalances alone, Ude correctly recognized, do ricci case give rise to liability. Accordingly, the CSB Commissioners understood, their principal task was to decide whether they were confident about the reliability of the exams: Had the exams fairly measured the qualities of a successful fire officer despite their disparate results?

Might an alternative examination process have identified the most qualified candidates without creating such significant racial imbalances?

Respondents were ricci case doubt conscious of race during their decisionmaking process, the court acknowledged, but this did not mean they had engaged in racially disparate treatment. The conclusion they had reached and the action thereupon taken were race-neutral in this sense:


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