Actions on the Basis of Race are Impermissible under Title VII Unless the Employer Can Show a Strong Basis in Evidence That if Action Was Not Taken, the Employer Would Be Held Liable under the Disparate-Impact Statute: \u3cem\u3eRicci v. DeStefano\u3c/em\u3e

The United States Supreme Court held that race based actions that would otherwise amount to disparate treatment discrimination are impermissible under Title V11, unless the employer can demonstrate a strong-basis-in-evidence that, if the employer did not take the action, liability would arise under the disparate- impact statute. The Appellees did not demonstrate that liability would likely arise and therefore, the Appellees violated Title VII. Ricci v. DeStefano, 129 S. Ct. 2658 (2009)