555 F. App'x 37
2d Cir.2014Background
- Plaintiffs allege the Board discriminated under Title VII by requiring LAST tests to obtain/retain permanent teaching positions.
- District court on remand held Board liable for its use of LAST and that LAST failed validation under Title VII disparate impact.
- District court decertified some aspects of class while preserving others for declaratory/injunctive relief.
- Board challenged rulings on class certification and Ricci defense applicability to disparate impact; district court’s rulings on remand were at issue.
- This Court affirmed the district court, holding state-law mandates do not shield from Title VII liability and addressing Rule 23 certification and Ricci issues.
- The Board raised arguments on forfeiture, law of the case, and mootness which this Court addressed in light of prior precedents.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Title VII liability can attach for complying with a facially neutral state licensing rule | Gulino | Board | No, liability can attach; state mandates do not shield from Title VII liability. |
| Whether the district court erred in applying law-of-the-case and forfeiture principles | Gulino | Board/SED | No reversible error; law of the case and forfeiture upheld. |
| Whether partial certification under Rule 23(b)(2) was proper and whether remand remade the class to Rule 23(b)(3) determinations | Gulino | Board | Remand led to mootness of the challenged decertification; partial certification under 23(b)(2) was proper. |
| Whether Ricci defense applies to disparate impact claims | Gulino | Board | Ricci defense does not apply to disparate-impact claims (Briscoe controlling). |
Key Cases Cited
- Guardians Ass’n of N.Y.C. Police Dept. v. Civil Serv. Comm’n of City of N.Y., 630 F.2d 79 (2d Cir. 1980) (disparate-impact liability cannot be avoided by state-law requirements when Title VII prohibits discriminatory practices)
- Gulino v. New York State Educ. Dep’t, 460 F.3d 361 (2d Cir. 2006) (law-of-the-case controlling on state-law defense to Title VII liability)
- Briscoe v. City of New Haven, 654 F.3d 200 (2d Cir. 2011) (Ricci defense not applicable to disparate-impact claims)
- Wal-Mart Stores, Inc. v. Dukes, 131 S. Ct. 2541 (Sup. Ct. 2011) (intervening change affecting class certification considerations)