Some have argued that this has been primarily due to the deficiencies in the law itself. Dist., 665 F.3d 524, 548 (3d Cir. 1991). Masapulyo kadi ti tulong iti sabali a pagsasao? Although the name is self-explanatory, emotional distress damages can cover a range of harms, including: diagnosed psychiatric condition (such as depression or anxiety disorder); loss of enjoyment of life and mental anguish; strained relationships with family and friends. By way of illustration, in North Carolina State Conference of NAACP v. McCrory, No. Making assumptions about someone's abilities or character based on their ethnicity and basing a housing decision on that is also an example of national origin discrimination. Dirty Steel-Toe Boots, Episode 16: Investigations and the OSH Acts DOE Issues FOA for Carbon Capture Large-Scale Pilots and Carbon A Forward Look at IRAs Sweeping Impact on the EV Sector [PODCAST]. For example, were a written test used to determine eligibility for a federally funded benefit or program, and the test resulted in a much higher percentage of minorities than non-minorities being determined ineligible for the benefit or access to the program, that might present a case of systemic discrimination. Similarly, Title VI requires recipients to demonstrate that any intentional use of race, color, or national origin classification is narrowly tailored to achieve a compelling government interest. [22] Korematsu v. United States, 324 U.S. 885 (1944). As one court explained, strong statistics may prove a case on their own, while shaky statistics may be insufficient unless accompanied by additional evidence. EEOC v. O & G Spring & Wire Forms Specialty Co., 38 F.3d 872, 876 (7th Cir. 1980) (per curiam), they must reveal that some invidious discriminatory purpose is causing the disparate outcomes. "Neither statistical nor anecdotal evidence is automatically entitled to reverence to the exclusion of the other." WASHINGTON Dividing 6 to 3 along ideological lines, the Supreme Court ruled on Thursday that victims of discrimination that is forbidden by four federal statutes may not sue if the only harm was emotional distress. The National Law Review is a free to use, no-log in database of legal and business articles. Just like there is age discrimination in the workplace, housing discriminates against certain age groups, as well. , 87 F.3d 916 (7th Cir. Appx 247 (4th Cir. So White contacted the Rathod Mohamedbhai Law Firm and started working with attorney Laura Wolf. 2023 CBS Broadcasting Inc. All Rights Reserved. This is a research file with cases from a variety of sources . Discrimination in housing is an unfortunate reality in the United States. Victor Goode, CUNY School of Law Conrad Johnson, Columbia University School of Law. Webadding water to reduce alcohol in wine. Critical to the Courts ruling is that it relied on the usual rule for contract remedies that emotional distress damages are not available. Worse yet, age discrimination is not explicitly forbidden by the Fair Housing Acts federal law. An official website of the United States government. EEOC v. Boeing Co., 577 F.3d 1044, 1049 (9th Cir. WebThis button displays the currently selected search type. 1994). In court and agency investigations, evaluation of these factors demands a sensitive inquiry into such circumstantial and direct evidence of intent as may be available. Arlington Heights, 429U.S. Corp., 429 U.S. 252, 266-68 (1977). Id. If you feel you have been subjected to discrimination on any basis protected under state law, contact the HCRC at: telephone (808) 586-8636, or email [emailprotected]. The Meeker Housing Authority and the Town of Meeker together settled with the plaintiffs for $1 million. Housing Dev. One court, in ruling that a police departments policy of focusing on Hispanic persons in immigration enforcement was discriminatory, held there is no legitimate basis for considering a persons race in forming a belief that he or she is more likely to engage in a criminal violation and the requisite exact connection between justification and classification is lacking. Melendres, 989 F. Supp. of Educ., 347 U.S. 483 (1954). June 5, 2019 / 12:15 PM Additional examples of successful outcomes where impact and foreseeable consequences combine with other Arlington Heights factors, such as history of state action, include the following: Another common way to prove intentional discrimination is to establish that a recipient treated similarly situated individuals differently because of race, color, or national origin. Amo kang mahatagan ug libre nga maghuhubad. However, it is essential to note that most racial, age, or religious discrimination cases in housing go unreported. Menu Unlike many discrimination statutes, Congressional authority for the discrimination provisions in the Rehabilitation Act and the ACA is based on the Constitutions Spending Clause, which gives Congress broad power to fix the terms on which it shall disburse federal money. The Rehabilitation Act and the ACA condition receipt of federal financial assistance on the recipient not discriminating on bases prohibited by the Acts, including disability. If you would ike to contact us via email please click here. This method is most likely to be helpful where the complaint is about one or a few individuals, and involves easily identifiable similarly situated individuals not in the protected class. Here, the Title VII burden-shifting test for formal pattern or practice claims that applies in litigation to determine whether an institution has engaged in intentional discrimination does not necessarily apply in the context of agency enforcement activities prior to litigation. C. Other Issues Affecting Title VI Cases Involving Possible Intentional Discrimination, 1. Discrimination in housing is the illegal practice of treating people differently based on their protected class when renting, selling, financing, or advertising housing. Xerox Litig., 850 F. Supp at 1085. By its nature, disparate impact evidence involves showing a disparity. 1:13CV658, 2016 WL 1650774, at *5 (M.D.N.C. In In re Rodriguez, 487 F.3d 1001, 100608 (6th Cir. Schs. Part I provides an overview of the current state of emotional harm cases. [7] The McDonnell- Douglas framework refers to McDonnell Douglas Corp. v. Green, 411 U.S. 792 (1973). First, when administering a program regarding which the recipient has previously discriminated against persons on the ground of race, color, or national origin, the recipient must take affirmative action to overcome the effects of prior discrimination. 28 C.F.R. The harm need not be physical in nature, or even the type of harm that would permit an award of compensatory damages. Other. 2010)(Fair Housing Act case applying the Arlington Heights factors); Hallmark Developers, Inc. v. Fulton Cty., 466 F.3d 1276, 1283-84 (11th Cir. This discretion is limited by two crucial elements: the egregiousness of the Respondents behavior and the effect of that behavior on the Complainant. Id. She says it is also a reminder for everyone to appreciate all disabilities, including the ones we cannot see. Legislative Package Includes Bills to Advance Biofuels Research, PTO to Begin Issuing Electronic Patent Grants, OSHA to Expand the Use of Instance-by-Instance Penalties. The phrase pattern or practice can be used to describe a systemic violation of Title VI, regardless of the method of proof employed. In evaluating the totality of relevant facts, courts and federal funding agencies look to either direct or circumstantial evidence to establish whether a recipient engaged in intentional discrimination. v. Penick, 443 U.S. 449, 46465 (1979); see United States v. Brown, 561 F.3d 420, 433 (5th Cir. 3601-3619 and 3631, and also known as the Fair Housing Act ("FHA"), prohibits discrimination in the lease, sale, or rental of housing on the basis of race, color, religion, sex, familial status, or national origin. See Thomas v. Metroflight, Inc., 814 F.2d 1506, 1510 n.4 (10th Cir. Short of an express classification, other direct evidence of discrimination includes any statement or document which shows on its face that an improper criterion served as the basis for [an] adverse action. Fabela v. Socorro Indep. Primacks text messages included multiple threats to strangle, punch, and inflict pain on Boyd, belittled her gender identity and expression, and contained gender-based slurs. 5512-01 (Jan. 19, 2001). "That those individuals still are disabled and we have to treat them with the respect and dignity that they deserve.". The case concerned Jane Cummings, a Texas woman who is deaf and communicates primarily in American Sign Even if you are 80 years old and require the regular assistance of someone nearby, a landlord has no legal ground to refuse your tenancy if you have excellent credit history and references. See, e.g., Blunt v. Lower Merion School District, 767 F.3d 247, 27173 (3d Cir. INTRODUCTION With the United States Supreme Court's condemnation of legal segregation in Brown v. Board of Education (1) in 1954, and a vigorous civil rights Copyright 2023, State of Hawaii. Despite the existence of the Housing Discrimination Act, national-origin-based discrimination persists. Unfortunately, landlords in the United States may attempt to evict tenants with disabilities, refuse to make necessary repairs, or add accessibility features to their units. The National Law Review is not a law firm nor is www.NatLawReview.com intended to be a referral service for attorneys and/or other professionals. AG Clamps Down on Local Solar and Battery Storage Moratoria. In most instances, however, impact alone is not determinative, and the Court must look to other evidence. Arlington Heights, 429 U.S. at 266, 26768 (enumerating factors that indicate evidence of intent) (footnotes omitted). For instance, an agency could use this method when investigating a complaint alleging that a state agency adopted a new policy with the purpose of reducing the number of minority participants. [5] At times in this section "race" is used to refer to "Race, color, and national origin." 42.104(b)(1)(i) (DOJ) (emphasis added), or restrict[s] an individual in any way in the enjoyment of any advantage or privilege enjoyed by others receiving any disposition, service, financial aid, or benefit under the program, Id. HONOLULU The Hawaii Civil Rights Commission today announced that it issued a final decision and order in a housing discrimination case on November 30, 1994); accord Troupe v. May Dept Stores Co., 20 F.3d 734, 736 (7th Cir. 4. This section discusses a variety of methods of proof to consider when evaluating recipient behavior to determine whether it meets the legal standard for intentional discrimination. [8] See, e.g., Gebser v. Lago Vista Indep. The majority and minority opinions in Cummings instead provide a handy shortcut for a consumer attorney seeking to develop bases to recover emotional distress damages in breach of contract or warranty cases. On a fundamental level, an architect may fail to add the required accessibility features when designing new housing developments. 20-219. Kim naj lewaj juon am dri ukok eo ejjelok wonen. Rather, many different kinds of evidence-direct and circumstantial, statistical and anecdotal-are relevant to the showing of intent and should be assessed on a cumulative basis. Share. The district courts error in holding otherwise, the Fourth Circuit. Primack gave Boyd one days notice to vacate the property, forcing her to become homeless and live out of her car. at 233. [H]istory teaches that grave threats to liberty often come in times of urgency, when constitutional rights seem too extravagant to endure. Skinner v. Ry. At times in this section "race" is used to refer to "Race, color, and national origin." The court determined that, in the absence of the other Arlington Heights factors raised at the motion to dismiss stage, foreseeable impact alone is insufficient to demonstrate intent. of Univ. While the Court acknowledged that there are many exceptions to this usual rule that allow for emotional distress damages in contract cases, the majority of the six conservative justices found this to be beside the point. Victor M. Goode & Conrad Johnson, This type of direct evidence of discriminatory intent does not require a virtual admission of illegality. Venters, 123 F.3d at 973. As a result, most Title VI litigation and administrative investigations focus on circumstantial evidence. Co., 460 F.3d 1304, 1315 (10th Cir. The Americans with Disabilities Act (ADA) of 1990 prohibits discrimination against people with disabilities in all aspects of public life, including housing. This implies that proving the existence of discriminatory behavior against a protected class will be a difficult task. While discriminatory intent need not be the only motive, a violation occurs when the evidence shows that the entity adopted a policy at issue because of, not merely in spite of, its adverse effects upon an identifiable group. Pers. Courts have developed a number of analytical frameworks for assessing intent claims. The facility refused, saying Ms. Cummings could communicate with her therapist using notes, lip reading or gestures. MEEKER, Colo. (CBS4) Residents with disabilities using the Meeker Housing Authority won a discrimination lawsuit for $1 428 Fed. See Miller v. Johnson, 515 U.S. 900, 90405 (1995); see also Wittmer v. Peters, 904 F. Supp. 2012). Plaintiff alleged discrimination after a school imposed different disciplinary sanctions on two students in the sixth gradea non-Hispanic student and a Hispanic studentwho engaged in a fight. 2d 540, 587 (S.D.N.Y. v. Brinkman, 443 U.S. 526, 536 n.9 (1979) (foreseeable adverse impact may be relevant evidence in proving purposeful discrimination, but foreseeability by itself has not been held to make out a case of purposeful discrimination). Justice Department Announces Application Form for Marijuana Pardon Certificates, HERE IT IS: The Czars HUGE Breakdown of the FCC NPRM is NOW AVAILABLE to Everyone. Ogletree, Deakins, Nash, Smoak & Stewart, P.C. Craik v. Minn. State Univ. As stated by Senator Walter Mondale, one of its sponsors, the Act would replace the nation's ghettos by "truly integrated and balanced living patterns." The two main ways to prove emotional distress damages are (1) for the employee (and their friends and family) to testify about how the discrimination caused 2009). Nevertheless the McDonnell-Douglas framework may be useful for complaint investigations, particularly where the investigation uncovers evidence of similarly situated comparators who were treated differently or better. This section focuses on the use of statistical evidence of disparity to establish a pattern showing different treatment based on race, color, or national origin. v. Seattle Sch. Boyd lived and worked as the property caretaker while Primack resided in Florida. In Hassan, the Third Circuit reversed the lower court, ruling that plaintiffs had alleged a viable claim of intentional discrimination where the New York Police Department followed a facially discriminatory policy in surveilling Muslim individuals and businesses in New York and New Jersey, and that this can amount to direct evidence of intent. Id. And the Sheehan court explained why: because such a requirement would cripple enforcement of the discrimination laws. Sheehan, 173 F.3d at 1044. Rts., "Dear Colleague" Letter: Harrassment and Bullying, (Oct. 26, 2010), available at http://www2.ed.gov/about/offices/list/ocr/letters/colleague-201010.pdf; see also Dep't of Educ. 1997), so courts and agencies must make that determination in each case. Emotional distress damages, Cummings urges, are a traditional form of compensatory damages for breaches of contracts that protect non-pecuniary interests. See Guardians Assn v. Civil Serv. "You can't treat people like that, you have to respect them and learn the laws. Waterhouse v. Hopkins, 490 U.S. 228, 277 (1989) (OConnor, J., By way of illustration, in Wilson v. Susquehanna Township Police Dept, 55 F.3d 126 (3d Cir. Title VI prohibits discrimination based on race, color, or national origin under any program or activity receiving Federal financial assistance. 42 U.S.C. US Executive Branch Update March 2, 2023. Penick has cautioned that disparate impact and foreseeable consequences, without more, do not establish a constitutional violation. Penick, 443 U.S. at 464. "This is a case that's really important to spread the word that individuals with disabilities, even disabilities we can't see, we can't pinpoint, we don't know what they are until they disclose them to us," she said. For instance, a complaint alleging that a state agency denied benefits to a family because of that familys national origin might be investigated using this method. However, other federal, state, and local laws may apply to a claim, which do not have this cap on damages; Emotional distress damages cannot be used as a substitute to punish the employer for its actions (punitive damages are designed for that), nor can emotional distress damages compensate for the inevitable stress that is tied to litigating a case; Emotional distress damages are not available indisparate impact(unintentional discrimination) cases or in mixed-motive cases (where the employer had both legitimate and discriminatory reasons for taking an action (for example, terminating employment) and the employer can show the employee still would have been fired even in the absence of discrimination)). Fordham Urb. Doe v. Lower Merion Sch. 2003. Stray remarks, derogatory comments, even those uttered by decision-makers, may not constitute direct evidence of discrimination if unrelated to the adverse decision. With continued education, advocacy, and stricter enforcement of the relevant acts, we can hopefully create a future where everyone has access to safe and affordable housing. The law certainly stands as a bold and optimistic proclamation. The Court did not apply those exceptions to the two discrimination statutes at issue, because the Court was only concerned with identifying the usual rule. 30 No matter how tempting it might be to do otherwise, [courts] must apply the same rigorous standards even where national security is at stake. Hassan v. City of New York, 804 F.3d. The Equal Protection Clause requires strict scrutiny of any government policy or practice that classifies individuals based on race, color, or national origin. Nota Bene Episode 160: European Update: Oliver Heinisch and Scott Zuckerman Law Whistleblower Practice Group, Visas for F and M Students Can Now Be Issued 365 Days Ahead of Program Start Date. Some uses of race are permissible. FACTORS/CIRCUMSTANTIAL EVIDENCE PROBATIVE OF INTENT. Absent more tangible forms of harm, emotional distress is often the only basis for compensating plaintiffs for the pain, stigma, humilia-tion, and psychological turmoil In a case alleging such pervasive or systemic discrimination, the plaintiff need not initially show discrimination against any particular person; rather the critical showing at the prima facie stage is one of a pervasive policy of intentional discrimination affecting many individuals. For instance, a complaint alleging that a state agency denied benefits to a family because of that familys national origin might be investigated using this method. 1999) ([I]ll will, enmity, or hostility are not prerequisites of intentional discrimination.). This case also illustrates the kinds of evidence relevant to each of the Arlington Heights factors described above: Impact. Under certain state laws the following statements may be required on this website and we have included them in order to be in full compliance with these rules. PAVALCO TRADING nace con la misin de proporcionar soluciones prcticas y automticas para la venta de alimentos, bebidas, insumos y otros productos en punto de venta, utilizando sistemas y equipos de ltima tecnologa poniendo a su alcance una lnea muy amplia deMquinas Expendedoras (Vending Machines),Sistemas y Accesorios para Dispensar Cerveza de Barril (Draft Beer)as comoMaquinas para Bebidas Calientes (OCS/Horeca), enlazando todos nuestros productos con sistemas de pago electrnicos y software de auditora electrnica en punto de venta que permiten poder tener en la palma de su mano el control total de su negocio. As mentioned previously, certain procedural aspects of the methods of proof developed in the litigation context do not transfer to the administrative context. The gravity of the threat alone cannot be dispositive of questions concerning what means law enforcement officers may employ to pursue a given purpose. City of Indianapolis v. Edmond, 531 U.S. 32, 42 (2000). And since socioeconomic hardship disproportionately affects people with protected characteristics, these price hikes automatically discriminate against them. See methods of proof discussed in Sections B.2 and B.3. People suing for breach of contract, Chief Justice Roberts continued, generally cannot recover damages for emotional harm caused by the breach. 1998). Amamos lo que hacemos y nos encanta poder seguir construyendo y emprendiendo sueos junto a ustedes brindndoles nuestra experiencia de ms de 20 aos siendo pioneros en el desarrollo de estos canales! Gi (808-586-8844) ni cho chng ti bit bn dng ngn ng no. This approach is closely related to the Arlington Heights framework. Conversely, in certain cases "a plaintiff's statistucal evidence alone might constitute a prima facia case." 2012) (Title IX, like the [Rehabilitation Act] was modeled after Title VI, and the text of all three acts [is] virtually identical .); Darensburg v. Metro. Teamsters, 431 U.S. at 336; Hazelwood, 433 U.S. at 30708 (Where gross statistical disparities can be shown, they alone may in a proper case constitute prima facie proof of a pattern or practice of discrimination.") Recipients awareness of the impact. Plaintiff must show that the extent of harm the policy or practice causes minorities and non-minorities is different. Victims frequently experience emotional distress, anxiety, and depression, as well as difficulty finding a safe and affordable place to live. White also said it is essential for others to understand the role these animals play in their lives. 277, 306 (3d Cir. 1996). WASHINGTON Dividing 6 to 3 along ideological lines, the Supreme Court ruled on Thursday that victims of discrimination that is forbidden by four federal statutes may not sue if the only harm was emotional distress. Landlords, for example, may refuse to rent to someone because of their race or national origin. The cases discussed below have not been updated to the present-day value in accordance with Lara G. v Postmaster General, EEOC Req. Moreover, when a plaintiff relies on the Arlington Heights method to establish intent, the plaintiff need provide very little such evidence to raise a genuine issue of fact ; any indication of discriminatory motive may suffice to raise a question that can only be resolved by a fact-finder. Pac. I should think so., The statutes before us seek to eradicate invidious discrimination, he wrote. 1999); see Venters, 123 F.3d at 973. This shorthand is used merely for ease of discussion and should not be read as a limitation on the applicability of the principles discussed. Does breach of a promise not to discriminate fall into this category? he wrote. To receive emotional distress damages you must show that the employers discriminationrather than some other life eventcaused the emotional harm. Also consistent with the Arlington Heights factors is an inquiry into whether the discriminatory impact of the challenged action was foreseeable: [A]ctions having foreseeable and anticipated disparate impact are relevant evidence to prove the ultimate fact, forbidden purpose. [T]he foreseeable effects standard [may be] utilized as one of the several kinds of proofs from which an inference of segregative intent may be properly drawn. Adherence to a particular policy or practice, with full knowledge of the predictable effects of such adherence is one factor among many others which may be considered by a court in determining whether an inference of segregative intent should be drawn. 2003). Tumawag sa (808-586-8844) para sabihin kung anong lengguwahe ang nais ninyong gamitin. The U.S. Court of Appeals for the Fifth Circuit, in New Orleans, affirmed that ruling. National Consumer Law Center and NCLC are trademarks of National Consumer Law Center, Inc. In addition, a recipient has more latitude to pursue one of these goals through actions that do not award benefits based solely on an individuals race, color, or national origin. HUD v. Sams, 2A Fair Housing-Fair Lending (Aspen) 25,069, HUDALJ No. The Supreme Court has cautioned that the four McDonnell-Douglas elements are not an inflexible formulation. Teamsters, 431 U.S. at 358. National Law Review, Volume X, Number 212, Public Services, Infrastructure, Transportation. Hostile environment harassment is another form of intentional discrimination prohibited by Title VI not discussed here extensively. In addition, in Arlington Heights, the selection of a similarly situated comparator group is a key feature of cases where plaintiffs proffer impact evidence. 2000d, which states that No person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance., Education Amendments Act of 1972, Title IX, 20 U.S.C. While there is no rigid mathematical formula for determining whether a disparity is significant, Watson v. Fort Worth Bank & Trust, 487 U.S. 977, 99495 (1988), courts have adopted various tests to aid them in making this determination. Because disparate impact is not the only factor in an Arlington Heights case, showing disproportionate impact, even if not overwhelming impact, suffices to establish one of the circumstances evidencing discriminatory intent. N. Carolina State Conference of NAACP, 831 F.3d at 231. Affairs v. Burdine, 450 U.S. 248, 25455, 258 (1981). Zuckerman Law represents whistleblowers worldwide inDodd-Frank SEC whistleblower rewardsclaims and represent whistleblowers nationwide inSarbanes-Oxley retaliation claimsand other whistleblower retaliation claims litigated before the US Department of Labor. Even in the limited circumstance when drawing racial distinctions is permissible to further [an important or] compelling state interest, [the recipient] is still constrained in how it may pursue that end. Grutter, 539 U.S. at 333 (quoting Shaw v. Hunt, 517 U.S. 899, 908 (1996)). In the consumer context, the availability of breach of contract emotional distress damages comes up often in warranty cases, particularly those involving a manufactured home or other housing. The direct evidence of such remarks must, however, establish that race was an important factor motivating the challenged action. 1995) (adding to the Arlington Heights factors evidence of a consistent pattern of actions of decision-makers that have a much greater harm on minorities than on non- minorities). The two main ways to prove emotional distress damages are (1) for the employee (and their friends and family) to testify about how the discrimination caused psychological injury, and/or (2) have a doctor or mental health professional testify about the harm suffered. EXPOSED: Does a New NCLC Ex Parte Filing Expose Their True Agenda to Little Weight Given to Conclusory Expert Declaration That Repeats IPR Department of Homeland Security Provides Information Related to EB-5 PTAB: Vidal Refocuses Guidance On Fintiv Factors And Discretionary Aluminum Is Now A Hot Topic In Supply Chain And Trade. See Steger v. Gen. Elec. The ADA requires landlords to make reasonable accommodations for tenants with mental or physical disabilities, not to refuse them, or treat tenants with disabilities differently. Accordingly, Assn, 43 F.3d 265, 276 (6th Cir. Auxiliary aids and services are available upon request to individuals with disabilities. It can take many forms and is common when people from various vulnerable populations are looking for a place to live. Id. Accessibility Statement. In so ruling, the court found insufficient evidence of Arlington Heights factors alleged at the motion to dismiss stage, such as a history of discrimination on the part of the defendant. Official websites use .gov Although this pain is not necessarily related to a physical injury, courts do recognize it as a psychic injury for which compensatory Agencies should consider using this method for investigations involving the selection of individuals, such as for program participation, benefits, or services, particularly where the recipient provides a nondiscriminatory explanation for its decision. Courts should take a "'case-by-case approach' in judging the significance or substantiality of disparities, one that considers not only statistics but also all the surrounding facts and circumstances." Nevertheless, housing discrimination remains persistent and Title VIII is a mere stopgap measure for a social issue that seems intractable. Anyone can read what you share. When an employee asks for significant emotional distress damages in an employment discrimination lawsuit, they are essentially putting their mental health at issue in the case. The courts decision today will leave those victims with no remedy at all., Supreme Court Bans Recovery for Emotional Harm in Discrimination Suits, https://www.nytimes.com/2022/04/28/us/politics/supreme-court-discrimination-emotional-harm.html, The case before the Supreme Court concerned a Texas woman who is deaf and communicates primarily in American Sign Language. Statistics showing racial or ethnic imbalance are probative in pattern or practice cases because a clear and significant imbalance based on race or ethnicity is often an indication of purposeful discrimination. The Third Circuit compared the City's public safety justification to the infamous Korematsu case, in which the Supreme Court uncritically accepted the government's national security justification for overt discrimination, leading to the wartime imprisionment of American citizens of Japanese ancestry based solely on national origin.

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