Ninth Circuit overturns a trial court and upholds the use of an internal pool for statistical purposes in identifying an alleged disparate impact. Paige v. State of California, #01-55312, 2002 U.S. App. Lexis 10279, 02 C.D.O.S. 4730 (9th Cir. 2002). [N/R]
     Second Circuit affirms the use of multiple regression analysis in an equal pay sex discrimination trial. Lavin-McEleney v. Marist College, #99-9324, 239 F.3d 476, 2001 U.S. App. Lexis 1503, 84 FEP Cases (BNA) 1761 (2nd Cir.). [2001 FP 106]
     Even if a minority officer, lawfully taking prescription codeine, was unfairly fired for suspected illegal drug use, his suit for disparate treatment must fail if the statistics do not show that a significant number of minorities were terminated for drug abuse. Bettis v. Safir, 2000 U.S. Dist. Lexis 13285, 84 FEP Cases (BNA) 1306 (Unpub. S.D.N.Y.). [2001 FP 11]
     Federal court excludes from evidence, a statistical analysis of an employer's promotions as not relevant, because they did not demonstrate a statistically significant underrepresentation of minorities. Lewis v. Booz-Allen & Hamilton Inc., #99-0713, 150 F.Supp.2d 81, 2001 U.S. Dist. Lexis 9729, 86 FEP (BNA) Cases 442 (D.D.C. 2001). {N/R}
     Second Circuit upholds a strength test that disproportionately eliminated women firefighter candidates, but held that test's time requirement was too stringent. The appellate court rejected the argument that a sample of seven female test-takers was "simply too small to support a disparate impact finding". Pietras v. Farmingville Fire Dist., #98-7334 & 98-7486, 180 F.3d 468, 1999 U.S. App. Lexis 13415, 80 FEP Cases (BNA) 307 (2nd Cir.). [1999 FP 137-8]
     A private security guard firm lawfully discharged a woman guard for failing to complete a 440-yard run within 2 min., despite a claim that the run requirement thus discriminates against women. The plaintiff failed to offer statistical evidence demonstrating that the requirement itself has a disproportionate impact on women. Boyd v. Borg-Warner, 80 FEP Cases (BNA) 725, 1999 U.S. Dist. Lexis 13974 (S.D.Fla. 1999). {N/R}
     Law Review article: Kingsley R. Browne, “The strangely persistent transposition fallacy: Why statistically significant evidence of discrimination may not be significant,” 14 The Labor Lawyer (ABA) 437 (Fall, 1998) [9527 words].
     Federal appeals court overturns a Maryland State Police consent decree as an unlawful quota system, and not justified by employment statistics or evidence of overt discrimination. Maryland Troopers Assn. v. Evans, 61 FEP Cases (BNA) 1177 (4th Cir. 1993). [1993 FP 107]
     NY high court rules against the use of statistical data to deny employment, and requires the use of individualized and particularized medical prognoses. Crohn's disease recurrence statistics were an insufficient basis to terminate a probationary officer. Antonsen v. Ward, 77 N.Y.2d 506, 571 N.E.2d 636 (1991). [1992 FP 42-3].
     Recent improvements in minority employment statistics precludes injunctive relief, but individual claimants entitled to back pay. NAACP v. City of Corinth, 83 F.R.D. 46 (1979).
     In a racial discrimination suit, the lack of sufficient sample size counteracts the significance of statistical disparity in the test results. Commonwealth v. Rizzo, 466 F.Supp. 1219 (E.D. Pa. 1979).