In Kirkland v. New York State Department, 711 F.2d 1117 (2d Cir 1983), Second Circuit affirmed the approval of the district court for the settlement that determined the sequence of promotions based in part on the exam results and partly on the race- honorable for the exam, after minority employees make a prima facie show that the test was bad for minorities. The Court of Appeal noted that "voluntary compliance is the preferred way to achieve the purpose of Title VII to eliminate employment discrimination," and who require full hearing on the validity of the test work before approving the settlement "would seriously undermine the preference of Title VII for voluntary compliance and not justified , ". Thus, "showing a prima facie case of employment discrimination through a disproportionate statistical demonstration of racial impact is a seriously serious discrimination claim to serve as a predicate for a voluntary compromise containing racially conscious drugs."
This case is cited in the opinion of the District Court for Ricci v. DeStefano , decided by the Supreme Court on 29 June 2009.
Video Kirkland v. New York State Department of Correctional Services
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