In upholding the firefighter exam, the majority of the Second Circuit panel said Buffalo's countering two disparate impact claims with only general, statewide information was "perplexing," although not improper as a matter of law. But in a dissent, Judge Amalya Kearse said the majority was letting the city off too easily, and setting a troubling precedent.
Absence of Local Data Found to Be Not Fatal to Promotional Tests
New York Law Journal
July 31, 2012
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