Sixth Circuit Rejects Workers' Disparate Impact Class Claims Alleging Race Bias In Promotions

On August 26, 2011, a divided Sixth Circuit ruled in Grant v. Metropolitan Government of Nashville and Davidson County, No. 10-5944 (6th Cir. Aug. 26, 2011), that African-American employees of the Nashville, Tennessee water agency failed to prove their class claims that the agency's promotion practices had a disparate impact based on race. In vacating a judgment in favor of the class, the Sixth Circuit concluded that the employees failed to establish a prima facie case of disparate impact liability. In so ruling, the Sixth Circuit delivered some important lessons for any employers facing disparate impact discrimination claims in a class action context.

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