(Download) "United States v. Zolin" by United States Court of Appeals for the Ninth Circuit ~ Book PDF Kindle ePub Free
eBook details
- Title: United States v. Zolin
- Author : United States Court of Appeals for the Ninth Circuit
- Release Date : January 09, 1987
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 60 KB
Description
We grant en banc review in this Title VII race discrimination case to decide two questions. First, we decide the procedure a panel should follow when faced with an irreconcilable conflict between the holdings of controlling prior decisions of this court. Second, we resolve that irreconcilable conflict, by deciding that disparate impact analysis may be applied to subjective employment practices. The district court declined to apply disparate impact analysis on the authority of Heagney v. University of Washington, 642 F.2d 1157 (9th Cir. 1981) (practice of hiring without well-defined criteria cannot be subjected to disparate impact analysis) and chose to disregard the later decision in Wang v. Hoffman, 694 F.2d 1146 (9th Cir. 1982) (lack of objective criteria for promotion can be analyzed for disparate impact). The Ninth Circuit panel that heard the appeal from the judgment for the employers in the instant case noted our conflicting decisions but held it was bound by Heagney because it expressed the "correct view" or, alternatively, because it was the decision "first in line." Atonio v. Wards Cove Packing Co., Inc., 768 F.2d 1120, 1132 and n. 6 (9th Cir. 1985), withdrawn, 787 F.2d 462 (9th Cir. 1985).
 "United States v. Zolin" by United States Court of Appeals for the Ninth Circuit ~ Book PDF Kindle ePub Free){kind=link}