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The full Second Circuit Court of Appeals recently denied an en banc petition to review the dismissal of a class action that involved a disparate impact claim. An earlier panel of the Second Circuit concluded that the claim in Mandala v. NTT Data, Inc., relied on nationwide criminal conviction statistics, not the conviction rates among the pool of applicants qualified for the particular jobs offered by the employer. The full Second Circuit affirmed the decision.

 

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Post By Ken Shafton (965 Posts)