v. City of Newark (PDF) [an enhanced version of this opinion is available to lexis.com
subscribers], the Third Circuit concluded that the City of Newark,
New Jersey's residency requirement may have unlawful disparate impact on
non-Hispanic white applicants. The case was brought Gregory Meditz, an
attorney acting pro se. Meditz alleged that the City's residency
requirement disparately impacted white, non-Hispanics and, as a result, white,
non-Hispanics were under-represented in the City's workforce.
Meditz, a white male, applied for a job as an Analyst
with the City of Newark, New Jersey. He was rejected for the job because
he lived in Rutherford, New Jersey and a City ordinance required that
non-uniformed employees live within City limits. Meditz filed suit,
alleging that the City's residency requirement negatively impacted the hiring
of white, non-Hispanics.
In support of his suit, Meditz provided statistical
information that he'd gathered from publicly available sources. Newark
argued that the disparity reflected by the statistics were not sufficiently
substantial. The federal district court agreed with the City and found
that the statistical evidence Meditz presented did not "constitute sufficient evidence
of a significantly discriminatory hiring pattern." The Third Circuit
Court of Appeals did not agree and reversed.
The Third Circuit found, instead, that the statistics
showed that the percentage of white, non-Hispanics in Newark's non-uniformed
workforce was lower than the percentage that would be expected based on
Newark's general population. The case was remanded for the District Court
to analyze the evidence in accordance with the correct standard, as described
in the Third Circuit's decision.
v. City of Newark, No. 10-2442 (3d Cir. Sept. 28, 2011) (PDF).
For more on disparate impact, see also:
9th Cir. on ADA and Drug Addiction
Overview of the Risks of Employment Testing
The Link Between Race and Obesity-Disparate Impact Waiting to
EEOC's Proposed Regs for Age Discrimination Disparate-Impact
Read more Labor and Employment Law insights
from Margaret (Molly) DiBianca in the Delaware
Employment Law Blog. Ms. DiBianca is an attorney with
Young, Conaway, Stargatt & Taylor, LLP.
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