NELA Amicus Briefs

NELA Amicus Brief: Jones v. City of Boston (1st Cir.) 

03-28-2016 03:22 PM

On March 11, 2016, NELA joined the Equal Justice Society, Justice at Work, the American Civil Liberties Union of Massachusetts, and the Charles Hamilton Houston Institute for Race and Justice in filing an amicus brief in support of the Plaintiff-Appellants in Jones v. City of Boston, currently pending in the U.S. Court of Appeals for the First Circuit.

The amicus brief provides the court with important historical context regarding the development of the law governing disparate impact, and its importance to addressing systemic discrimination in professions, like law enforcement, with deeply-imbedded cultures of exclusion that would otherwise be practically impossible to remedy.

After providing that background, the brief turns to the problems raised by the manner in which the district court evaluated both “business necessity” and “availability of a less-discriminatory alternative” in the context of resolving a motion for summary judgment. As the brief argues, the district court applied a “watered-down” version of the business necessity requirement to the Department and a heightened version of the less discriminatory alternative standard to the plaintiffs. This is particularly problematic at the summary judgment stage, because doing so necessitated drawing a number of inferences against the plaintiffs, weighing the evidence inappropriately, and engaging in its analysis as if the plaintiffs, not the Department, would have burden of establishing business necessity on the merits.

The brief was drafted by Professor Michael L. Foreman, the Director of the Civil Rights Appellate Clinic at Penn State’s Dickinson School of Law.

#RaceDiscrimination #SummaryJudgment #DisparateImpact #ClassandCollectiveActions #1stCircuit #PublicEmployees #TitleVII #Discrimination #Appeals

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