Kirkland v. New York State Department of Correctional Services explained

Litigants:Kirkland v. New York State Department of Correctional Services
Courtseal:Seal of the United States Court of Appeals for the Second Circuit.svg
Arguedate:Feb. 3,
Argueyear:1983
Decidedate:June 8,
Decideyear:1983
Fullname:Edward L. Kirkland, et al v. New York State Department of Correctional Services, et al
Citations:711 F.2d 1117 (2d Cir. 1983)
32 Fair Empl.Prac.Cas. (BNA) 509
32 Empl. Prac. Dec. P 33,666
Majority:Lumbard
Joinmajority:Feinberg, Kearse
Lawsapplied:Title VII of the Civil Rights Act of 1964

In Kirkland v. New York State Department of Correctional Services, 711 F.2d 1117 (2d Cir. 1983),[1] the Second Circuit affirmed the district court's approval of a settlement that determined promotional order based partly on exam results and partly on race-normed adjustments to the exam, after minority employees made a prima facie showing that the test had an adverse impact on minorities. The Court of Appeals noted that "voluntary compliance is a preferred means of achieving Title VII's goal of eliminating employment discrimination,",[2] and that requiring a full hearing on the test's job-validity before approving a settlement "would seriously undermine Title VII's preference for voluntary compliance and is not warranted,".[3] Thus, "a showing of a prima facie case of employment discrimination through a statistical demonstration of disproportionate racial impact constitutes a sufficiently serious claim of discrimination to serve as a predicate for a voluntary compromise containing race-conscious remedies."[4]

The case was cited in the District Court opinion for Ricci v. DeStefano, which was decided by the Supreme Court on June 29, 2009.[5]

Notes and References

  1. Kirkland v. New York State Department of Correctional Services . 711 . F.2d . 1117 . 2d Cir. . 1983 . https://openjurist.org/711/f2d/1117 . 2017-09-02 .
  2. Id. at 1128.
  3. Id. at 1130.
  4. Id. at 1130.
  5. Ricci v. DeStefano . 557 . U.S. . 557 . 2009 . https://supreme.justia.com/cases/federal/us/557/557/ . 2017-09-02 .