A sharply divided 2nd Circuit has declined to rehear en banc a controversial Title VII case that may be headed for the U.S. Supreme Court. The case was brought by firefighters who claimed the city of New Haven violated Title VII by its refusal to certify the results of two promotional exams. The city's civil service board decided after four hearings on the issue that certifying the results would have a disparate impact on blacks in the department seeking to become lieutenants and captains.
Divided 2nd Circuit Denies Hearing by Full Court in Bias Case
New York Law Journal
June 13, 2008