1. The employer in this case is a municipal government agency. Does this case apply to private employers as well? Why or why not?
2. Given the Court’s ruling, what’s an example of circumstances where an employer could discard the results of a promotion test?

The City of New Haven, Connecticut (the City), administered an objective written exam to any fire department employee who aspired to be promoted. Though the exam was designed and administered by a professional testing service company that specialized in race-neutral testing for police and fire agencies, the results of the exam were such that white candidates outperformed minority candidates. The City decided to discard the test results in an attempt to prevent disparate impact-based lawsuits filed by minority candidates. Ricci, a white firefighter who placed highly on the promotion exam, filed a Title VII lawsuit against the City based on a disparate treatment claim. The City defended on the basis that they were complying with Title VII’s disparate impact provision and both the trial court and the court of appeals ruled in the City’s favor.