Abril-Rivera v. Johnson, 806 F.3d 599 (2015)

Citation: Abril-Rivera v. Johnson, 806 F.3d 599 (2015)
Parent Document: Abril-Rivera v. Johnson, 806 F.3d 599 (2015)
Jurisdiction: United States (federal)
Effective Date: 2015-11-17
Original Source: https://www.courtlistener.com/opinion/3155371/abril-rivera-v-johnson/ ↗

Full Text

895 chars

A plaintiff proceeding under a disparate impact theory “establishes a prima facie violation by showing that an employer uses ‘a particular employment practice that causes a disparate impact on the basis of race, color, religion, sex, or national origin.’” Ricci, 557 U.S. at 578, 129 S.Ct. 2658 (quoting 42 U.S.C. § 2000e-2(k)(l)(A)(i)). If the plaintiff makes out a prima facie case, the employer “may defend against liability by demonstrating that the practice is ‘job related for the position in question and consistent with business necessity.’ ” Id. (quoting 42 U.S.C. § 2000e-2(k)(l)(A)(i)). And if the employer makes that showing, the plaintiff may rebut it by demonstrating “that the employer refuses to adopt an available alternative employment practice that has less disparate impact and serves the employer’s legitimate needs.” Id. (citing 42 U.S.C. §§ 2000e-2(k)(l)(A)(ii) and (C)).7

Other Sections in This Document (839)

Full Text