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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

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)
Effective Date
2015-11-17

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. The majority .argues that this last step of the burden-shifting analysis regarding pretext *618can be avoided in disparate impact cases because the Supreme Court left it out of its restatement of applicable law in Ricci, 557 U.S. at 578, 129 S.Ct. 2658. However, in Ricci, the Court was quoting the statute in § 2000e-2(k)(l)(a)(i), which codified the cause of action for disparate impact recognized in Griggs. That statutory text was enacted in 1991, which suggests this court was aware of it when the opinion was issued in S.S. Clerks Union, Local 1066, in 1995. --- 010combined ---