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/ ↗

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Accordingly, “before rejecting a business justification ... a court must determine that a plaintiff has shown that there is ‘an available alternative ... prac*607tice that has less disparate impact and serves the [entity’s] legitímate needs.’ ” Id. at 2518 (second and third alteration in original) (quoting Ricci, 557 U.S. at 578, 129 S.Ct. 2658). If employers’ business “judgments are subject to challenge without adequate safeguards, then there is a danger that potential defendants may adopt racial quotas — a circumstance that ... raises serious constitutional concerns.” Id. at 2523; see also id. (‘Without adequate safeguards at the prima facie' stage, disparate-impact liability might cause race to be used and considered in a pervasive way and “would almost inexorably lead’ governmental or private entities to use ‘numerical quotas,’ and serious constitutional questions then could arise.” (quoting Wards Cove Packing Co. v. Atonio, 490 U.S. 642, 653, 109 S.Ct. 2115, 104 L.Ed.2d 733 (1989))). “[PJrompt resolution of these cases is important.” Id.

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