Divided 2nd Circuit Denies Rehearing After Statistics, Disparate Impact Ruling

Mealey's (February 24, 2021, 1:53 PM EST) -- NEW YORK — A divided Second Circuit U.S. Court of Appeals on Feb. 23 denied a petition for rehearing en banc that was filed by two job applicants after a split panel ruled in their putative class lawsuit on Sept. 21 that the use of national statistics showing that African Americans are more likely to be arrested and incarcerated than whites doesn’t carry over and prove that African-American job applicants are disproportionately affected by a company’s alleged policy to not hire individuals with certain criminal convictions....