Split 2nd Circuit Rejects Statistics For Proving Disparate Impact In Bias Suit

Mealey's (September 22, 2020, 1:27 PM EDT) -- NEW YORK — 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, a split Second Circuit U.S. Court of Appeals panel held Sept. 21 in a putative class suit (George Mandala, et al. v. NTT Data, Inc., No. 19-2308, 2nd Cir., 2020 U.S. App. LEXIS 29985)....