| 词条 | Kirkland v. New York State Department of Correctional Services |
| 释义 |
|Litigants=Kirkland v. New York State Department of Correctional Services |Court=United States Court of Appeals for the Second Circuit |CourtSeal= |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=[https://openjurist.org/711/f2d/1117 711 F.2d 1117] (2d Cir. 1983) 32 Fair Empl.Prac.Cas. (BNA) 509 32 Empl. Prac. Dec. P 33,666 |Prior= |Subsequent= |Holding= |Judges=Wilfred Feinberg, Joseph Edward Lumbard, Amalya Lyle Kearse |Majority=Lumbard |JoinMajority=Feinberg, Kearse |LawsApplied=Title VII }} 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] References1. ^{{cite court |litigants=Kirkland v. New York State Department of Correctional Services |vol=711 |reporter=F.2d |opinion=1117 |pinpoint= |court=2d Cir. |date=1983 |url=https://openjurist.org/711/f2d/1117 |accessdate=2017-09-02 |quote=}} 2. ^Id. at 1128. 3. ^Id. at 1130. 4. ^Id. at 1130. 5. ^{{cite court |litigants=Ricci v. DeStefano |vol=557 |reporter=U.S. |opinion=557 |pinpoint= |court= |date=2009 |url=https://supreme.justia.com/cases/federal/us/557/557/ |accessdate=2017-09-02 |quote=}} 6 : United States affirmative action case law|United States Court of Appeals for the Second Circuit cases|1983 in United States case law|Penal system in New York (state)|United States lawsuits|Civil service in the United States |
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