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Members may download one copy of our sample forms and templates for your personal use within your organization. Please note that all such forms and policies should be reviewed by your legal counsel for compliance with applicable law, and should be modified to suit your organization’s culture, industry, and practices. Neither members nor non-members may reproduce such samples in any other way (e.g., to republish in a book or use for a commercial purpose) without SHRM’s permission. To request permission for specific items, click on the “reuse permissions” button on the page where you find the item.
Alexandria, Va. - On Wednesday, March 25, 2009, SHRM filed an
amicus brief in the U.S. Supreme Court case of
Ricci v. DeStefano. In the case, the City of New Haven declined to certify promotional exam results for fire department captains and lieutenants because too few racial minorities would be promoted.
When New Haven decided not to certify the test results, a group of 17 white and one Hispanic firefighter claimed the City’s refusal to certify violated Title VII of the Civil Rights Act of 1964 by focusing on the race of the employees who would be promoted rather than whether the tests were job-related.
SHRM’s brief argues that an employer should not be held liable for race discrimination under one section of Title VII for trying to fulfill another Title VII obligation to address situations that result in a disproportionate racial impact in the workplace.
The Supreme Court will hear oral arguments in the case in April 2009.
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