Talk:Bushey v. New York State Civil Service Commission

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From Ricci v. DeStefano district court opinion:
 * Bushey v. New York State Civil Service Commission, 733 F.2d 220 (2d Cir. 1984). [*158]   There, the civil service commission had administered a promotional examination  that had a significant adverse impact, with non-minority applicants  passing at almost twice the rate of minority applicants. The defendants  race-normed the scores for [**44]  each group, increasing the pass  rate of the minority group to the equivalent of the non-minority group,  and effectively making an additional 8 minority individuals eligible  for promotion, without taking any non-minorities off the list. The Court  of Appeals held that the initial results, particularly "the score  distributions of minority and nonminority candidates, were sufficient  to establish a prima facie showing of adverse impact," id. at  225, and, consistent with Kirkland, "a showing of a  prima facie case of employment discrimination through a statistical  demonstration of disproportional racial impact constitutes a sufficiently  serious claim of discrimination to serve as a predicate for employer-initiated,  voluntary race-conscious remedies," id. at 228. In other  words, a prima facie case is one way that a race-conscious remedy  is justified, but it is not required: all that is required is "a  sufficiently serious claim of discrimination" to warrant such a  remedy. Id. at 228; see also  id. at 226 n. 7.