What is the test for a plaintiff to have a nondiscriminatory "bottom line" as a defense against a disparate impact claim?
MultiRegion, United States of America
The following excerpt is from District Council 37, American Federation of State, County & Municipal Employees, AFL-CIO v. New York City Dept. of Parks and Recreation, 113 F.3d 347 (2nd Cir. 1997):
On appeal, plaintiffs request a new trial. Plaintiffs argue that under Connecticut v. Teal, 457 U.S. 440, 452-56, 102 S.Ct. 2525, 2533-36, 73 L.Ed.2d 130 (1982), the district court erred when it refused to instruct the jury that a nondiscriminatory "bottom line" was no defense to a disparate impact claim. We conclude that the jury instructions were adequate, and affirm.
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